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Bombay High Court

NGO ALLIANCE FOR GOVERNANCE AND RENEWAL (NAGAR)versusHIGH COURT ON ITS OWN MOTION AND 7 ORS.

Decided
Disposal
DISPOSED OFF

Holding

The High Court cannot compel legislative reform but, in performance audit review, directed the State Government to constitute an Expert Committee to audit the working of the Maharashtra Slum Areas Act, 1971 and consider its recommendations to achieve slum-free cities.

Summary

The Bombay High Court initiated suo motu proceedings pursuant to the Supreme Court's direction in Yash Developers v. Harihar Krupa Co-operative Housing Society Ltd. to conduct a performance audit of the Maharashtra Slum Areas (Improvement, Clearance and Redevelopment) Act, 1971. The Court heard the State, SRA, slum dwellers, landowners, developers, NGOs, amici curiae and other stakeholders on eight issues flagged by the Supreme Court, including identification and declaration of slum land, identification of slum dwellers, selection of developers, apportionment of slum land, transit accommodation, independence of statutory authorities, effectiveness of statutory remedies, and limits of Article 226. The judgment records extensive concerns about encroachment on public and private land, developer-driven schemes, delays, poor rehabilitation conditions, non-payment of transit rent, and the failure to achieve slum-free cities. It discusses the statutory scheme, amendments, DCPR 2034, SRA circulars, and judicial precedents on landowner rights, public trust, and slum dwellers' rehabilitation. The Court held that while it cannot compel legislative reform, it can facilitate performance audit and systemic reform. It directed the State Government to constitute an Expert Committee, with town planning experts, municipal and state representatives, architects, and public representatives, to conduct a performance audit of the Act and report within ten months. The suo motu proceedings and interim applications were disposed of, with other writ petitions placed before the regular Bench.

Issues considered

  • Whether the Maharashtra Slum Areas Act, 1971 has failed to achieve its object and requires performance audit/review.
  • Whether the eight issues identified by the Supreme Court in Yash Developers (identification and declaration of slum land; identification of slum dwellers; selection of developer; apportionment of slum land between rehabilitation and sale area; transit accommodation; independence and objectivity of statutory authorities; effectiveness of statutory remedies; Article 226 as a long-term solution) require systemic reform.
  • Whether the State should constitute an Expert Committee for performance audit of the Slum Act.
  • Whether private landowners have a preferential right to redevelop slum-encumbered private land before compulsory acquisition.
  • Whether cut-off dates for slum dweller eligibility should be frozen and Annexure II streamlined.
  • Whether maximum tenement density, open space, fire safety and building standards should be enforced in slum rehabilitation.
  • Whether AGRC and GRC should be reconstituted with judicial members and regular sittings.
  • Whether free or subsidized housing and in-situ rehabilitation on public land should continue.
  • Whether encroachments on public land should be regularized or rehabilitated at public cost.
  • Whether SRA should have a panel of developers and objective selection criteria.

Legislation cited

Subjects

  • slum rehabilitation
  • Maharashtra Slum Areas Act, 1971
  • performance audit
  • suo motu
  • Yash Developers
  • SRA
  • AGRC
  • GRC
  • Annexure II
  • transit accommodation
  • developer selection
  • apportionment
  • tenement density
  • open spaces
  • fire safety
  • private landowner rights
  • Article 300A
  • public trust doctrine
  • encroachment
  • cut-off date
  • free housing
  • Expert Committee
  • slum-free city
  • Bombay High Court

Judgment

         Digitally
         signed by
         PRASHANT
PRASHANT VILAS
VILAS    RANE                                                                    SMWP1_2024.DOC
RANE     Date:
         2026.05.08
         17:23:50
         +0530


                                   IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                      ORDINARY ORIGINAL CIVIL JURISDICTION

                                     SUO MOTU IN WRIT PETITION NO. 1 OF 2024

                      High Court On Its Own Motion                       ...Petitioner
                             Versus
                      State Of Maharashtra Through Government Pleader    ...Respondent

                                                      WITH
                                       INTERIM APPLICATION NO.2407 OF 2025
                                                      WITH
                                     INTERIM APPLICATION (L) NO. 28516 OF 2024
                                                      WITH
                                        INTERIM APPLICATION NO.3917 OF 2024
                                                      WITH
                                     INTERIM APPLICATION (L) NO. 30515 OF 2024
                                                      WITH
                                       INTERIM APPLICATION NO. 3024 OF 2024
                                                      WITH
                                     INTERIM APPLICATION (L) NO. 28846 OF 2024
                                                      WITH
                                     INTERIM APPLICATION (L) NO. 28762 OF 2024
                                                      WITH
                                     INTERIM APPLICATION (L) NO. 25664 OF 2024
                                                      WITH
                                     INTERIM APPLICATION (L) NO. 25848 OF 2024
                                                        IN
                                     SUO MOTU IN WRIT PETITION NO. 1 OF 2024

                                                      WITH
                                    PUBLIC INTEREST LITIGATION NO. 83 OF 2019

                      Vijendra Kumar Rai                                 ...Petitioner
                             Versus
                      State Of Maharashtra And 22 Others                 ...Respondent

                                                      WITH
                                    PUBLIC INTEREST LITIGATION NO. 109 OF 2019

                      Vijendra Kumar Rai                                 ...Petitioner
                             Versus
                      State Of Maharashtra And 21 Ors                    ...Respondent

                                                    WITH
                                      CONTEMPT PETITION (L) NO.5058 OF 2024

                                                    Page 1 of 264

                      P. V. Rane
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Navalben Kantilal Karia                             ...Petitioner
       Versus
State of Maharashtra Thr. Government Pleader        ...Respondent

                            WITH
              CONTEMPT PETITION (L) NO.3760 OF 2023

Vijendra Kumar Rai                                  ...Petitioner
      Versus
Chief Executive Officer, SRA                        ...Respondent

                            WITH
             CONTEMPT PETITION (L) NO.29681 OF 2023

Sadiqa Ali Abbas                                    ...Petitioner
       Versus
The State of Maharashtra Thr. Government Pleader    ...Respondent

                            WITH
              CONTEMPT PETITION (L) NO.5661 OF 2024

Mohammad Sharif Gulam Rasool Shaikh                 ...Petitioner
      Versus
The State of Maharashtra and Ors.                   ...Respondents

                              WITH
               INTERIM APPLICATION NO. 3179 OF 2023

Haseena Istiyak Ansari                              ...Applicant
      Versus
Vijendra Kumar Rai and Ors.                         ...Respondents

                               WITH
                      SUO MOTO PIL NO. 2 OF 2023

High Court On Its Own Motion                        ...Petitioner
       Versus
State Of Maharashtra                                ...Respondent
                               WITH
                   WRIT PETITION NO. 1292 OF 2018

Vijendra Kumar Rai                                  ...Petitioner
       Versus
State Of Maharashtra And 17 Ors.                    ...Respondent

                                    WITH

                               Page 2 of 264

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                WRIT PETITION (ST) NO. 26454 OF 2023

A. B. Builders And Developers                               ...Petitioner
       Versus
State Of Maharashtra                                        ...Respondent
                                WITH
                    WRIT PETITION NO. 3571 OF 2023

Confederation Of Real Estate Developers
Association Of India                               ...Petitioner
       Versus
The State Of Maharashtra Through The
Principal Secretary                                 ...Respondent
                                   WITH
                     WRIT PETITION NO. 115 OF 2024
                                   WITH
               INTERIM APPLICATION (L) NO.7753 OF 2024

Royal Netra Constructions Private Limited                   ...Petitioner
       Versus
State Of Maharashtra Through The Principal Secretary        ...Respondent
                                 __________

Mr. Darius Khambata, Sr. Adv., Mr. Sharan Jagtiani, Sr. Adv., Ms. Naira
Jejeebhoy Amicus Curiae, alongwith Mr. Priyank Kapadia, Mr.Chanan Parwani,
Mr. Tushar Hathiramani, Mr. Tanmay Pawar, Shreenandini Mukhopadhyay, Mr.
Muttahar Khan, Ms. Shraddha Achliya, Ms. Avani Divan, Ms. Sankalpita Mullick
Mr. Samit Shukla, Mr. Siddharth Shah, Ms. Masira Shaikh - Nodal Officers.
Dr. Birendra Saraf, Sr. Adv a/w Mr. Vaibahav Charalwar for SRA in
SMWP/1/2024.
Mr. Shiraz Rustomjee, Sr. Adv. a/w Mr. Jay Chabria, Mr. Pratik Pai, Ms. Sheetal
Shah, Ms. Shreya Parkh i/b M/s Mehta & Girdharlal for Applicant in
IAL/28516/2024.
Mr. Navroz Seervai, Sr. Adv a/w Mr. Kunal Mehta, Mr. Robin Fernandes, Mr.
Sukrit Parashar and Mr. Shiroy Pavri, Ms. Lillyan Thangkhiew, Mr. Aditya
Shinde, Mr. Surja Kale i/b M/s. Vesta Legal for Applicant in IAL/28762/2024.
Mr. Mayur Khandeparkar a/w Mrs. Jasmine Kachalia, Mr. Aryan Srivastava, Mr.
Viren Mandhle, Mr. Sahil Singh, Ms. Dhun Vinod Santosh i/b Wadia Ghandy &
Co. for NAREDCO WEST FOUNDATION.
Ms. Gulnar Mistry a/w Mr. Akash Rebello, Mr. Prateek Pai, Mr. Peterasp Sasuri,
Ms. Prachi Pandya i/b. Corporate Attorneys for Applicant in IAL/28730/2024.
Ms. Gayatri Singh, Sr. Adv. a/w Ms. Sanjot Shirshath for Slum Dwellers.
Dr. Birendra Saraf, A. G. with Smt. Jyoti Chavan, Addl. G. P., Mr. Vaibhav
Charalwar ‘B’ Panel Counsel, Mr. Vikrant Parshurami, AGP for State in
SMWP/1/2024.
Smt. Vrushali Kabre, AGP for State in PIL/109/2019, CONPPL/29681/2023,

                                Page 3 of 264

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CONPPL/5661/2024, PIL/83/2019.
Mr. Prashant Kamble, AGP for State in CONPPL/5058/2024.
Mr. Atul Vanarse, AGP for State in SMP/2/2023, WP/1292/2018 and
WPL/26454/2023.
Smt. Uma Palsuledesai, AGP for State in WP/3571/2023.
Mr. Dipesh Siroya, AGP for State in WP/115/2024 with IAL/7753/2024.
Mr. Joel Carlos a/w Ms. Jyoti Mhatre i/b Komal Punjabi for BMC.
Mr. Jagdish G. Aradwad (Reddy) for R. No. 13 To 16 in PIL/83/2019, for R. No.
2 & 3 in WPL/26454/2023 and WP/115/2024, for R. No. 7 to 10 in
WP/1292/2018.
Mr. P. G. Lad for MHADA in SMWP/1/2024.
Mr. Vijay D. Patil a/w Ms. Ruchi Patil i/b Mr. Abhijit Patil for R. No. 2 SRA in
CONPPL/5058/2024, R. No. 2 To 5 SRA in CONPPL/5661/2024, for R. No. 1
& 2 SRA in CONPPL/3760/2023 and for R. No. 6/SRA in PIL/109/2019 and
for SRA in CONPPL/29681/2023.
Dr. Birendra Saraf, A. G. a/w Mr. Jagdish G. Aradwad ( Reddy), Mr. Vaibhav
Charalwar for R. No. 2 & 3 in WP/3571/2023.
Mr. Y. R. Mishra a/w Mr. D. P. Singh, Mr. Sachidanand T. Singh for R. No. 22 U.
O. I. in PIL/109/2019.
Mr. Vinay Nair i/b Arun Panickar for R. No. 4 in WP/115/2024.
Mr. Haaris Reshamwala i/b Diamond & Co. for R. No. 9 To 16 in PIL/109/2019
Mr. Sandeep Dhangar a/w Ms. Kinjal Kakkad, Ms. Kinjal Upadhyaya i/b Jayesh
R. Vyas for R. No. 17.
Mr. Ative Patel a/w Viraj Raiyani i/b AVP Partners for R. No. 21.
Mr. Viraj Parikh, Mr. Samit Shukla, Mr. Siddharth Shah, Masira Shaikh i/b Tri
Legal for MCHI –CREDAI.
Mr. Kirti Munshi a/w Mayur Thorat and Ankit Tripathi i/b Jariwala Associates
for Skycon Infrasturcture, Landowners.
Mr. Mihir Desai, Sr. Adv. a/w Rishika Agarwal for Slum Dwellers.
Mr. Rajiv Kumar, Sr. Adv. a/w Ms. Sheetal Kumar, Mr. Jimish Shah, Mr. Rahil
Jhaveri, Mr. Kushan Kumar and Ms. Nirvi Shah for N D Bhuta Charities Trust,
Landowner.
                                   __________
                                CORAM : G. S. KULKARNI &
                                        ADVAIT M. SETHNA, JJ.
                                DATE       : 8 MAY, 2026
                                      __________

JUDGMENT (PER G. S. KULKARNI, J.)

1.           The judgment has been divided into the following sections to facilitate

analysis:-



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             SECTIONS                             HEADING                                PARA NOS.
                A       Prologue                                                          2 to 7
                B       Conspectus of the concerns expressed by the Courts on             8 to 29
                        the Slum Act
                C       The Present Proceedings                                             30

                D       SUBMISSIONS
                        Submissions on behalf of Simpreet Singh, Hussain                  31 to 34
                        Indorewala, Ghar Haqq Sangharsh Samiti, Ms. Medha
                        Patkar and Ms. Amita Bhide.
                          Issue No. I: Identification and Declaration of Land as Slum
                        Land.

                           Issue No. II : Identification of Slum Dwellers

                          Issue No. V : Transit Accommodation – Project Affected
                        Persons Scheme (PAPs) read with Issue VIII, i.e.,
                        Miscellaneous Issues

                        Submissions on behalf of Indira Nagar Slum, Prakash
                        Kumbhar and Ekta CHS Association by Mr. Mihir Desai,              35 to 37
                        Senior Advocate.

                        Submissions on behalf of Nivara Hakk Suraksha Samiti –            38 to 50
                        Intervenor:- (Mr. Navroz Seervai, Senior Advocate

                        Submissions on behalf of NGO Alliance for Governance              51 to 61
                        and Renewal (NAGAR) in IA(L) 28730/2024 (Ms.
                        Gulnar Mistry, Advocate)

                        Submission on behalf of Mr. Vinay Hule and Mr.                    62 to 70
                        Ramesh Makhija in IA(L) No. 28730 of 2024 (Mr.
                        Akash Rebello, Advocate)
                        Submissions on behalf of Late Mr. Shirish Patel, Urban           71 to 74
                        Planner: (Mr. Shiraz Rustomjee, Senior Advocate)
                        Submissions on behalf of Nagardas Dharsi Bhuta                   75 to 82
                        Charities (land owner) (Mr. Rajiv Kumar, Senior
                        Advocate)
                        Submissions on behalf of Skycon Infrastructure, Private           83 to 94
                        Landowner (Mr. Kirti Munshi, Senior Advocate)
                        Submissions on behalf of NAREDCO West Foundation                  95 & 96
                        (Dr. Milind Sathe)
                        Submissions on behalf of CREDAI-MCHI (Mr. Shardul 97 to 106
                        Singh, Advocate)
                        Submissions on behalf of Lakadawala Developers Pvt. 107 to 111
                        Ltd. in IA/3024 of 2024 (Mr. Pravin Samdani, Senior
                        Advocate)
                        Submissions on behalf of Shree Azad SRA CHS Ltd. (Mr. 112 to 121
                        Altaf Khan, Advocate)


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                 Submissions of learned amici                                     122 to 124

                 Suggestions                                                         125

                 Submissions on behalf of SRA (Dr. Birendra Saraf, 126 to 208
                 Advocate General)

             E   Discussion                                                       209 to 233

             F   Analysis/Suggestions                                             234 to 236

                 Journey of the Legislation                                       237 & 238

                 Reasons for the Slums remaining as a dream on paper
                                                                                     239
                 I. Lack of policy to protect lands from encroachments and
                 prevent formation of slums.
                 II. Vertical Slums
                 III. Identification and demarcation of slum land
                 IV. Role of the Slum Societies and their Controlling Authority

                 V. Slum on Private Lands

                 VI. Constitution of Apex Grievance Redressal Committee
                 (AGRC) and Grievance Redressal Committee (GRC)

                 VII. Disputes on Annexure II

                 VIII. Pool of Houses

                 IX. Pool Public Housing

                 X. Financing arrangement in regard to redevelopment of
                 slum.

                 XI. The requirement for a maximum density cap for
                 rehabilitation to be fixed

                 XII.    Selection of Developers/Appointment of robust
                 developer and quality of construction
                 XIII. Apportionment of Slum Land

                 XIV. Identification of slum dewellers and cut-off date freeze
                 XV. Maintaining of town planning reservations


                 Conclusion                                                        240-245

                 Epilogue                                                          246-247

                 Our Gratitude                                                     248-250

                 Appendix                                                         From Page
                                                                                  No. 265 to
                                                                                     471



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A.           Prologue

2.           In several decisions of this Court, serious concerns were expressed on

there being something drastically amiss in the implementation of the

Maharashtra Slum Areas (Improvement, Clearance and Redevelopment) Act,

1971 (for short ‘the Slum Act’), and more particularly considering the chaotic

situation brought about by an avalanche of disputes reaching the Courts being

generated under the Slum Act. The Courts were not mute spectators, as telling

observations were made in several decisions of this Court and the Supreme

Court. These concerns stand succinctly captured in the recent decision of the

Supreme Court in Yash Developers Vs. Harihar Krupa Co-Operative Housing

Society Ltd. and Ors.1. Their Lordships eminently felt that it was high time that

there is a “performance audit” of the slum legislation expressing serious concerns

on the implementation of the Slum Act. The Supreme Court, hence, intended

that this Court, after hearing the stakeholders, make recommendations to the

State Government on issues as underscored, and in terms of its observations

made in paragraphs 59 to 66. Such observations read thus:

             “59. The Executive branch has a constitutional duty to ensure that the
             purpose and object of a statute is accomplished while implementing it. It
             has the additional duty to closely monitor the working of a statute and must
             have a continuous and a real time assessment of the impact that the statute
             is having. As stated above, reviewing and assessing the implementation of a
             statute is an integral part of Rule of Law. The purpose of such review is to
             ensure that a law is working out in practice as it was intended. If not, to
             understand the reason and address it quickly . It is in this perspective that
             this Court has, in a number of cases, directed the Executive to carry a
             performance/assessment audit of a statute or has suggested amendments to
             the provisions of a particular enactment so as to remove perceived
             infirmities in its working.



1 (2024) 9 SCC 606

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             60.      Constitutional courts are fully justified in giving such directions as
             they are in a unique position of perceiving the working of a statute while
             exercising judicial review, during which they could identify the fault-lines in
             the implementation of a statute. This extraordinary capacity to assess the
             working of a statute is available to the judicial institution because of its
             unique position where : (i) disputes, based on the statutory provisions
             unfold before it, (ii) claims of rights or allegations of dereliction of duties are
             raised with varied, and sometimes, contradictory interpretations of the same
             text of the statute, (iii) submissions of lawyers opens up a debate and as
             officers of the Court experienced lawyers would lay bare the fault-lines in
             the statutory scheme, (iv) many a times court silently witnesses the play of
             statutory power relegating the deserving to the backseat, and the
             undeserving taking away all the benefits.
             61.      Laws that are made by Parliament or the Legislative Assemblies
             create rights, entitlements, duties or liabilities. Application of such
             empowerments or disabilities gives rise to competing claims or conflicting
             interests. For resolution of these disputes, constitutional courts provide
             public law remedies [ Judicial control of administrative action in our
             country, the effective and the most prolific, has evolved from its classical
             scrutiny of ultra vires exercise of power, to a whole set of procedural and
             substantive principles, such as: legality, procedural propriety, reasonableness,
             legitimate expectation, proportionality, transparency, legal certainty,
             accountability, level playing field, consultation or participation, etc. These
             principles are now well entrenched in our judicial review processes and are
             part of our administrative law. In fact, bulk of judicial review proceedings
             initiated before the High Courts examine if the power exercised is within its
             bounds.] where claims and contestations are decided by the High Courts on
             a case-by-case basis. Judicial review is generally episodic, and is intended to
             resolve the lis on a case-to-case basis. Though cases are decided on their
             own merit and the lis disposed of, what is left behind is the institutional
             memory of the Court about the working of the statute and its interpretation
             preserved as precedents. Over a period of time, a critical mass of
             adjudicatory determinations on the working of the statute is built. This
             critical mass, coupled with the experiences gained by the Judges and the
             Court on the working of the statute, is of immense value for auditing the
             working of the legislation. It enables the court to assess whether the purpose
             and object of the Act is being achieved or not.
             62.      The traditional perception of the constitutional role of writ courts
             was confined to judicial review of executive and legislative action. In that
             role, the courts were to decide the vires of the legislative and executive
             actions based on constitutional parameters. Not only have the tools of
             judicial review been reinvented (the rise of the proportionality and
             arbitrariness doctrines) but also the breadth of the judicial power has
             substantially expanded to areas that were hitherto forbidden (review of
             policy decisions, constitutional amendments and continuing mandamus
             being prime examples). However, even this expansive reading of judicial
             review does not capture the essence of the judicial branch in its entirety.
             63.     There is yet another role which the judiciary can and ought to
             perform—that of facilitator of access to justice and effective functioning of
             constitutional bodies. In this role, the judiciary does not review executive
             and legislative actions, but only nudges and provides impetus to systemic
             reforms. The statute in question is one which was intended to benefit the
             marginalised and the impoverished. It is not easy for the intended

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             beneficiaries of this legislation to carry their voice to legislative branch for
             effective reform. The exercise that this Court intends to direct presently is
             aimed at facilitating their access to legislative and executive reform, which
             this Court believes is an essential component of constitutional justice. That
             all justice is to be achieved only through courtroom debates is too myopic
             an understanding of constitutional justice. The facilitative role is not just
             inspired from the institutional role that the judiciary perceives for itself, but
             is also a directive of many of the fundamental rights in Part III and the
             cherished preambular vision of justice—social, economic and political.
             64.      A peculiar feature of how our legislative system works is that an
             overwhelming majority of legislations are introduced and carried through
             by the Government, with very few private member bills being introduced
             and debated. In such circumstances, the judicial role does encompass, in this
             Court's understanding, the power, nay the duty to direct the executive
             branch to review the working of statutes and audit the statutory impact. It is
             not possible to exhaustively enlist the circumstances and standards that will
             trigger such a judicial direction. One can only state that this direction must
             be predicated on a finding that the statute has through demonstrable
             judicial data or other cogent material failed to ameliorate the conditions of
             the beneficiaries. The courts will also do well, to arrive the very least, at a
             prima facie finding that much statutory schemes and procedures are
             gridlocked in bureaucratic or judicial quagmires that impede or delay
             statutory objectives. This facilitative role the judiciary compels audit of the
             legislation, promote debate and discussion but does not and cannot compel
             legislative reforms.
             65.      In light of the foregoing, considering that the Act is a State
             legislation, implementation of which lies with the State of Maharashtra, and
             till date no comprehensive statutory audit has been undertaken, we request
             the learned Chief Justice of the Bombay High Court to constitute a Bench
             to initiate suo motu proceedings for reviewing the working of the statute to
             identify the cause of the problems indicated in para 56. The Bench
             concerned will hear the Government, the statutory authorities, the
             necessary stakeholders including intended beneficiaries and perhaps take
             the assistance of some senior members of the Bar specialising in this area as
             Amici Curiae. We leave it to the High Court to devise such methods as it
             deems fit and appropriate.
             66.    Having examined the matter, the Bench may consider directing the
             Government to constitute a committee for performance audit of the Act.
             The court's jurisdiction extends only to that extent, and no further. The law-
             making, including amendments, is the exclusive domain of the legislature.”
                                                                        (emphasis supplied)



3.           In pursuance of such orders of the Supreme Court in Yash Developers

(supra), Hon’ble the Chief Justice has constituted this Bench to address the issue

on the performance audit of the Slum Act, and more particularly in terms of the

issues as set out in paragraph 56 of the said decision (supra).


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4.           The task, thus, assigned to this Bench is to identify the multitude of

challenges and the problems in relation to the redevelopment of slums and more

particularly the eight issues as flagged by the Supreme Court in paragraph 56 of

the said judgment, so as to achieve the object of the legislation, which is to

completely eradicate the slums by providing decent living to the slum dwellers

and to achieve a vision of slum free cities.


5.           It needs to be observed that the decision of the Supreme Court in Yash

Developers (supra) was rendered in the proceedings which were carried to the

Supreme Court, from the orders passed by this Court in which this Court had

made significant observations in regard to the infirmities in the implementation

of the Slum Act derailing the object to be achieved by the legislation.


6.           After the constitution of this Bench, we had requested Mr. Darius

Khambata, Mr. Sharan Jagtiani, learned Senior Counsel and Ms. Naira

Jeejeebhoy, learned Counsel, to assist the Court as Amici who have painstakingly

assisted the Court on several issues which arise for consideration. We have also

heard different stakeholders who are represented by learned Counsel Mr. Sukrit

Parashar, Ms. Yashi Bhatt, Ms. Gulnar Mistry, Mr. Akash Rebello, Ms. Janvi Dutt,

Mr. Joel Carlos, Mr. Jagdish G. Aradwad (Reddy), Mr. Arun Panickar, Ms. Sayali

Apte with Ms. Anjali Maskar, Mr. Arjun Srivastava, Mr. Nitesh Acharya, Mr.

Sandeep Dhangar, Mr. Ativ Patel and Mr. Y. R. Mishra.


7.           The official respondents were represented with the lead submissions of Dr.

Birendra Saraf, learned Advocate General with Smt. Jyoti Chavan, Addl.



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Government Pleader, Mr. Mohit Jadhav, Addl. GP, Mr. Vaibhav Charalwar, ‘B’

Panel Counsel, Mr. Vikrant Parshurami, AGP, Ms. Vrushali Kabre, AGP, Mr.

Prashant Kamble, AGP, Mr. Atul Vanarse, Mr. Dipesh Siroya, AGP for State.


B.           Conspectus of the concerns expressed by the Courts on the Slum Act:


8.           About four decades and six years back in State of Maharashtra v. Shri

Mahadeo Pandharinath Dhole2, the Division Bench of this Court made

important observations concerning the purpose and functioning of the Slum Act.

It was observed that in the years 1971 and 1973 Slum Acts were enacted as

“intermediary remedial measures”, to address widespread slum conditions in

Maharashtra. The other observations being : The objective of the legislation was

to improve, regulate, clear, and redevelop slum areas, not to perpetuate them.

Basic civic amenities provided to slum dwellers under the Acts are temporary

arrangements and not permanent entitlements; they are meant only until slums

are removed, and residents are shifted into proper housing. The Acts provide ad-

hoc solutions necessitated by uncontrolled urban growth, making the complete

absence of slums unrealistic in the immediate future. Without such legislation,

slums could become a danger to public health, safety, and convenience, and a

nuisance to surrounding areas. The State, as a welfare State, is obligated to

regulate and control slums rather than accept them as permanent fixtures. The

1971 and 1973 Acts are consistent with and advance the objectives of the Town

Planning Act, 1966, by facilitating orderly development and redevelopment.

Achieving the goals of the Town Planning Act would be extremely difficult

2 AIR 1980 Bom 348

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without the Slum Acts. These Acts must be read harmoniously as complementary

modern solutions to urban problems. Though one may hope for a future where

slum-related laws become unnecessary, that stage has not yet arrived. Authorities

are therefore bound to act strictly in accordance with the provisions of these Acts

until slums are fully eradicated. While considering the challenge to an order

passed by the Tribunal constituted under the Slum Act on the issue of declaration

of an area as a slum, the Division Bench made the following observations :-

             “22. The two enactments viz., the 1971 and the 1973 Acts, are meant to
             provide for remedies of a nature basically intermediary in character. Taking
             cognizance of the large slum areas in certain parts of the State, the State
             Legislature thought it fit to pass legislation to make better provisions for the
             improvement and clearance of those areas as also for their re-development.
             The object of these two enactments is not to perpetuate slums but to
             regulate the same, clear the same and re-develop the property in question.
             The object also is to provide to the slum dwellers at large certain basic
             necessities such as water, sanitary arrangements, light etc. and these basic
             amenities are to be provided to the slum dwellers not as a matter of any
             permanent feature but indicated in the preamble to the 1973 Act:
             "x x x until such time as these Slums are removed and the persons settled
             and housed in proper buildings.
             23.      The 1971 and the 1973 Acts are thus, to our mind, ad-hoc solutions
             to ad-hoc problems which problems have, to an extent, become inherent in
             the very growth, development and progress of modern towns and cities in
             the State. A dream situation would, of course, be total absence of any slums.
             But there seems to be a long way to go to realize the same. In the
             meanwhile, slums have arisen and do crop up. Necessity knows no law. But
             to accept these slums as they are would be the very negation of the duties of
             a modern welfare State. Since overnight clearance of slums appears to be a
             problem beyond the immediate reach of the State the State Legislature has
             rightly chosen the next rest step viz., to regulate and control the slums and
             to see to it that these do not become a source of danger to the health, safety
             and convenience not only of the slum dwellers but also the surrounding
             areas and to also see to it that these do not become a source of nuisance to
             the public. These are the very specific objects embodied in the preamble to
             the 1973 Act and for the fulfillment of which the said Act has been enacted.
             24.     The object of Town Planning Act is to make provision for planning
             the development and use of land, to make better provision for the
             preparation of development plan, to provide for the creation of new towns
             etc. The objects of the 1971 and the 1973 Acts is not, in our view,
             inconsistent with the object of the Town Planning Act, 1966. Indeed, the
             objects of the 1971 and the 1973 Acts are objects on steps in aid of the
             fulfillment of the objects and aims behind the Town Planning Act, 1966.


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             The fulfillment of the objects and aims of the Town Planning Act, 1966,
             would become extremely difficult, if not well highly impossible, if laws such
             as the 1971 and the 1973 Acts are not passed and implemented. Absence of
             laws such as the 1971 and the 1973 Acts can itself result in frustrating or
             defeating at least some of the objects of the Town Planning Act, 1966.
             These three enactments have, therefore, to be read harmoniously and have
             to be construed accordingly. They are modern solutions and remedies to the
             ever-emerging new problems of modern times. Though one may hope for
             the times when Acts such as the Slum Areas Act, 1971, and the Slum
             Improvement Board Act, 1973, outlive their existence and are no longer
             round necessary for the purposes of fulfillment of the modern welfare
             activities of the State and though one may also hope for the times when
             slum areas would be a thing of the past, still till at least that stage arrives and
             is reached the community at large and citizens such as respondent No. 1
             herein will have to accept and abide by the provisions of these laws.”
                                                                     (“emphasis supplied”)


9.           A Full Bench of this Court, in Sara Harry D’Mello Vs. State of

Maharashtra and Ors3, in the context of acquisition of land under Section 14(1)

of the Slum Act, held that the acquisition of slum land under the Slum Act is not

merely for the benefit of a larger number of persons residing in sub-human

conditions in slums, but also to ensure that the improvement of their living

conditions leads to an overall improvement in the urban economy, which is very

much dependent on the labour force being supplied by the occupants of the

hutments in the slums.


10.          In Indian Cork Mills Private Limited Vs. State of Maharashtra 4, the Court

analyzed the legislative intent of the Slum Act and the rights of landowners in the

context of compulsory acquisition. It was observed that the Court recognizes, the

significant challenges, urban areas face in managing slums and balancing the

rights of slum dwellers with the rights of private landowners whose lands are

encroached. The central issue before the Court was whether private land could

3 (2013) 4 Mah. L.J. 348
4 2018 SCC OnLine Bom 1214

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be compulsorily acquired for slum redevelopment, and whether landowners have

a preferential right to redevelop their own property. The observations made by

the Court are significant : Rapid industrialization led to mass migration to cities,

creating overcrowding and large slum clusters on both public and private lands

due to inadequate public housing and planning failures. Authorities often

neglected to protect open lands from encroachment and also failed to utilize

private lands appropriately, contributing to formation of slums and unhealthy

living conditions. Slum-related problems were longstanding, with increasing

complexity due to competing interests, monetary gains, and delays in slum

rehabilitation projects. Article 21’s guarantee of the right to livelihood and

dignity, along with Directive Principles (Articles 38, 39, 43 and 47), require the

State to improve living conditions and public health. Slums posed dangers to

health, safety, and morals, and existing municipal laws were insufficient; hence, a

special comprehensive law (the Slum Act) was enacted for uniform management,

improvement, and clearance of slums.


10.1         The Slum Act imposes onerous duties on authorities to improve slum

conditions and facilitate redevelopment in a manner consistent with legislative

intent. The Act creates statutory rights in favour of landowners and occupiers to

undertake redevelopment, and such rights cannot be ignored merely because

acquisition machinery exists. Acquisition must strictly follow Chapter I-A and

cannot bypass or negate the statutory rights conferred on owners/occupants to

undertake redevelopment themselves. The basic legislative objective includes

participation of landowners in redevelopment, reflected in Sections 3B(4)(e) and


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13(1) and (2); these rights cannot be overlooked is acquisition of land for

redevelopment of the slums and rehabilitation of the slum dwellers on such land,

under the Slum Act. Acquisition that ignores or overrides these participatory

rights would be contrary to the legislative scheme and is not permissible. A

harmonious interpretation is required so that land acquisition is used only when

the statutory purpose of redevelopment cannot be achieved by any other method.

The Court held that Section 14 acquisition powers must be exercised fairly and

only when the owner/occupant fails to submit or execute a redevelopment

scheme within a reasonable time after being called upon. There is no fixed

statutory time frame for landowners/occupants to submit redevelopment

proposals; what is reasonable depends on the facts and circumstances. Before

acquisition, authorities must record reasons showing why redevelopment by the

owner was not possible and how acquisition became necessary. The owner must

always be given a reasonable opportunity to show cause before any order under

Section 13(1) or Section 13(2) is passed. Acquisition without such procedural

fairness violates Article 300-A (Right to Property) and cannot be sustained. The

Court acknowledged that while FSI incentives under the Slum Act help eradicate

slums, involving private developers, however this can introduce strong

commercial interests which may dominate, making public accountability

essential. Authorities need to strike a dual balance between public interest and

legitimate private developer interests so that the scheme remains viable and fair.

Many slum projects fail or stagnate because developers with insufficient expertise

or wherewithal are appointed, Courts often encounter such cases. Where the


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landowner himself is willing and capable of redeveloping the slum on his land,

the law recognizes his right to do so, and such right must be honoured before

resorting to acquisition. There is nothing illegitimate in permitting the

landowner to redevelop his own slum-affected land; only upon his persistent

failure can compulsory acquisition be justified. In the context of the rights of

owners of private land being peremptory which would override the interest of

slum dwellers in relation to the acquisition of private land by the slum authority

for redevelopment of slums, the Court made the following pertinent

observations:

             “3.      In recent times in all urban areas we see large scale building
             activities, city of Mumbai is not an exception and in fact would be the
             epicenter of such activity, with skyscrapers being built wherever land is
             available and the city has to grow only vertically. Apart from slums on
             public lands there are as well slums on large private lands. Thus large part of
             the development activity is also the development of slums and slum
             rehabilitation areas. What would be the nature of the statutory rights of
             private owners of land, in re-development of such slum areas under the
             Slum Act? Whether the owner of the land would have a preferential right to
             undertake re-development or the only method to redevelop such areas
             would be to resort to compulsory acquisition of such private land are the
             question as posed in this petition.
             .......
             44.      It would be apposite to consider the statutory background in which
             the controversy in the petition would fall. There are too many causes which
             are attributable for creation of slums in urban areas. Rapid growth of
             industries resulted in mass migration of population from rural areas to the
             urban centres. This for the reason that places outside the urban areas were
             not proving sufficient and fulfilling the requirements of the means of
             livelihood, which were primarily depending on agriculture and other allied
             activities. This resulted into overcrowding of the urban areas coupled with
             lack of housing facilities, which created development of large slums in the
             urban centers and heavily so in and around Greater Mumbai as also other
             urban areas in, Maharashtra. The development in urban activities and
             business did not find a corresponding development in the housing sector,
             much less a provision for a decent housing for such large migrant
             population. Also lack of planning by the concerned authorities to cater to
             the housing requirements, the neglect of the authorities to safeguard open
             public lands from encroachment as also the apathy of the private landlords
             to prevent encroachment and/or to neglect the appropriate use of land so as
             to prevent them being converted as slums by the occupants, added to the
             urban problems. Consequently in the absence of affordable public and

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             private housing, large population was compelled to reside in slums in
             unhealthy and unhygienic conditions. It is difficult to visualize the number
             of slums which are created on public and private lands in the city of
             Mumbai, where land is limited. As the history unfolds the problems are not
             recent. They are further aggravated and have become complex and more
             particularly due to variety of interests playing active roles in slum projects,
             rehabilitation projects in anticipation of monetary gains. This has been the
             general scenario in such litigation, with which the Court is frequently
             confronted.
             45.     We have one of the most ideal Constitution providing for a variety
             of fundamental and other legal rights guaranteed to our citizens. Part III, of
             the Constitution guarantees fundamental rights, under which Article 21
             confers right to livelihood, which has been interpreted to mean, that a
             person is entitled to live a life of dignity and not just an animal life. Further
             the Directive Principles of State Policy as contained in Part IV of the
             Constitution, under Article 38 and 39 provide for the welfare of the people
             and the policy to be followed by the State. Article 43 and 47 are also
             relevant when it comes to the obligations of the State to secure adequate
             standard of living and improvement of public health.
             46.     Undoubtedly, slums had created menace to the safety, health and
             morals of the inhabitants. There were multiple municipal laws in operation,
             there was no uniformity in the provisions of these enactments as also the
             provisions were not sufficient to improve the situation. It is for this reason
             the legislature thought it appropriate to enact a special law to deal with the
             improvement clearance and development of slum areas. The Slum Act was
             accordingly enacted inter alia to make better provision for the improvement
             and clearance of slum areas in the State, for redevelopment as also for the
             protection of occupiers from eviction and distress warrants. The Slum Act,
             was brought into force with effect from 11 August 1971. This legislation
             casts onerous duties on the authorities. How far the same are discharged and
             whether at all effectively to achieve the object of the legislation, are larger
             issues which all the concerned need to ponder.
             67.     In our opinion considering the in-built mechanism which is
             available under the clear provisions of section 3B(4)(c) and (e), Section
             13(1) and (2) of the Slum Act, which empower the SRA to develop the land
             by entrusting it to any agency recognized by it, any interpretation of the
             compulsory acquisition provision (Section 14), oblivious to the due
             consideration of these specific provisions of the Act, which enable the SRA
             to bring about a re-development of the slum rehabilitation areas without
             acquisition of the land, would amount to defeating such specific provisions
             and creating unwarranted concentration of coercive and arbitrary power of
             acquisition with the SRA.
             74.      ……….The law nowhere provides an automatic mandatory
             obligation on any person to undertake a redevelopment scheme on the
             declaration of such area as a slum or a slum rehabilitation area and in our
             opinion rightly so. In the present case this issue would also go to the root of
             the matter as the decision to acquire has been taken by the State
             Government for the sole and the only reason that the petitioner had not
             submitted a scheme for the redevelopment of the land, which in fact is a
             reason available for the SRA to pass an order under section 13(1) of the Act
             (as falling under Chapter IA) to appoint an agency and entrust the re-
             development to such agency.

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             75.     ……....Thus unless it is determined for reasons to be recorded in
             writing, as to how it is an unreasonable delay in submitting a scheme, this
             conclusion to be the basis of acquisition, cannot satisfy the test of fairness
             and reasonableness, and more particularly when the SRA/State Government
             is depriving the person of the valuable constitutional right to property
             guaranteed under Article 300-A of the Constitution.
             79.      No doubt the above rules conferring FSI benefits are a laudable
             piece of legislation which enables the authorities to eradicate the slums in
             urban areas, however when such redevelopment involves third parties to be
             appointed and approved by the authorities to undertake the redevelopment,
             commercial interest become dominant. Such interest are bound be varied
             depending on the quantum of the area and the location of the slums. Thus
             the authorities in discharging their public duties under the Slum Act are
             required to satisfy a dual test namely of balancing the public interest and at
             the same time taking care of the legitimate private interest so that the
             scheme becomes viable. This includes appointment of such private parties
             to undertake development who possess technical ability coupled with
             substantial ability to undertake such schemes. We can surely take judicial
             notice of the litigation which has reached this court where, slum projects are
             languishing for want of such parties not completing the projects or
             abandoning the projects and variety of complications arising from such half
             executed projects. We have felt the need to record this for the reason that,
             many of such projects may pertain to lands which are acquired under the
             Slum Act. Thus if the land owner is himself interested to develop the land
             and that law confers such rights on the landowner/landholder or the
             occupant then it would surely be in the fitness of things that such legal
             rights are first recognized before the other powers are invoked. There can be
             nothing illegitimate in the landowner himself being granted an opportunity
             of redeveloping his land under slums, instead of another developer doing it
             and only on his persistent failure the authority can certainly resort to acquire
             the land.”
                                                                      (“emphasis supplied”)


11.          In Susme Builders Private Limited Vs. Chief Executive Officer, Slum

Rehabilitation Authority and Ors.5, the Court interpreted the scope of SRA’s

powers under Section 13(2) and related provisions. The Supreme Court rejected

the submission that SRA has unlimited powers under Section 13(2); instead, it

held that SRA may take over the project only in specific situations, namely: (i)

Contravention of plans approved; (ii) Breach of restrictions/conditions imposed

under Section 12(10); (iii) Failure to complete development within time. The

requirement of timely completion flows from the Letter of Intent (LOI) issued by

5 (2018) 2 SCC 230

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SRA and from agreements between slum-dwellers and the developer; violation

triggers Section 13(2). When there is a clearance order under Section 12(10),

SRA’s power to act arises only if conditions in the clearance order are violated;

otherwise, SRA cannot automatically invoke Section 13(2). Even assuming SRA

had no express power under Section 13(2), it still possesses the authority to

cancel the LOI because the LOI is issued by SRA itself; hence, SRA cannot be

powerless to revoke it. SRA’s powers are also derived from Section 3-A(3)(c) &

(d), which require SRA to ensure implementation of the Slum Rehabilitation

Scheme and take all necessary steps for achieving the objective of slum

rehabilitation. These provisions show that SRA is not merely empowered but is

duty-bound to intervene where needed, especially when slum-dwellers have

suffered for decades because of delays by developers. In this case, Susme Builders

had a dual role, first as the power-of-attorney holder of the owner and as a

developer appointed by the society, which heightened the conflict. Since the

redevelopment work could not proceed without SRA’s permission, SRA retained

the power to revoke such permission due to the developer’s unjustified delay. The

Court held that SRA’s action in removing Susme from the project after a 25-year

delay was justified, as slum-dwellers had suffered enough and the statutory

objective of rehabilitation demanded intervention. The observations made by

the Supreme Court are as follows :-

             45.     We cannot accept such a wide submission. According to us, under
             Section 13(2) of the Slum Act, the SRA has the authority to take action and
             hand over the development of land to some other recognised agency under
             three circumstances:
                       (i) When there is contravention of the plans duly approved;
                       (ii) When there is contravention of any restriction or condition

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                         imposed under sub-section (10) of Section 12 of the Slum Act;
                         and
                         (iii) When the development has not taken place within time, if
                         any, specified.
             46.     The requirement to complete the development within time may be
             there in the letter of intent issued by the SRA or may be in the agreement
             entered into between the owner/developer with the slum-dwellers. Such
             condition, if violated, would attract the provisions of Section 13(2) of the
             Slum Act. Over and above that, when a clearance order is passed, then in
             terms of sub-section (10) of Section 12, the competent authority can
             include a condition with regard to the time within which the development
             should be completed and, in that case, also Section 13(2) would be
             attracted. We are not, however, able to accept the very wide argument that
             in case of delay, the condition that is violated must be laid down under
             Section 12(10) of the Slum Act.
             47.     There may be cases where the slum-dwellers do not offer any
             resistance and willingly consent to move into transit accommodation
             provided by the owner/developer. Therefore, the conditions laid down
             under Section 12(10) will come into play only when there is a clearance
             order, but in case there is no clearance order, then under Section 13(2), the
             SRA would be empowered to take action when there is violation of any plan
             or when there is violation of any condition relating to developing the
             project within time. The time-limit can, some time, be provided in the letter
             of intent, in the agreement or even in the regulations.
             48.     Having held so, we are of the view that Shri Darius Khambata,
             learned Senior Counsel, is right in his submission that normally under
             Section 13(2) of the Slum Act, action by the SRA has to be taken against the
             owner. Here, we may repeat that this is a unique case where the slum-
             dwellers are the members of the owner Society. The Society, in turn, has
             given power of attorney to the builder. The builder virtually has two roles—
             one as developer and the other as power-of-attorney holder of the owner.
             Both are closely interlinked and inextricably mixed with each other.
             Therefore, though normally we would have accepted the contention that
             under Section 13(2) action can only be taken against the owner, in the
             present case, we are unable to accept this contention in its totality. We may
             point out that even the SRA, in its order, has itself noted that since the
             Society is the owner of the plot of land, it is empowered and within its right
             to terminate the agreement executed with the said developer for breaches
             committed by the developer. It has, however, held that a private dispute
             between the Society and the developer cannot prevent the SRA from
             discharging its obligations. The SRA agreed with the submission made by
             the Society that Susme had not completed the project within time. It has
             taken action under Section 13(2) of the Slum Act. The action taken by the
             SRA is to remove Susme as developer which amounts to cancelling the letter
             of intent issued in favour of Susme.
             49.      Otherwise, there would be an anomalous situation where the
             Society would have terminated its contract with Susme but the letter of
             intent issued by the SRA would continue to hold the field and it would be
             entitled to develop the land. The Society approached the SRA, in fact, asking
             it to take action against Susme. Since the SRA is the authority which issued
             the letter of intent, it will definitely have the power to cancel the letter of
             intent.


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             50.     We are of the considered view that in the peculiar facts and
             circumstances of the case where the slum-dwellers are virtually the owners of
             the land as members of the owner Society, the SRA had the power under
             Section 13(2) of the Slum Act to issue the order dated 24-2-2012.
             Whether the SRA has any other power to remove the developer
             51.      Even if we were to assume that the SRA did not enjoy this power
             under Section 13(2) of the Slum Act, we are of the considered view that
             since it was the SRA which issued this letter of intent, it necessarily must
             have the power to cancel the same. The SRA can also derive this power
             under clauses (c) and (d) of sub-section (3) of Section 3-A of the Slum Act,
             which read as under:
                      “3-A. Slum Rehabilitation Authority for implementing Slum
                      Rehabilitation Scheme.—(1) Notwithstanding anything contained
                      in the foregoing provisions, the State Government may, by
                      notification in the Official Gazette, appoint an authority to be
                      called the Slum Rehabilitation Authority for such area or areas as
                      may be specified in the notification; and different authorities may
                      be appointed for different areas.
                      ***
                      (3) The powers, duties and functions of the Slum Rehabilitation
                      Authority shall be—
                            ***
                            (c) to get the Slum Rehabilitation Scheme implemented;
                            (d) to do all such other acts and things as may be necessary for
                            achieving the objects of rehabilitation of slums.”
             52.     A bare reading of these provisions shows that in terms of clauses ( c)
             and (d) of sub-section (3) of Section 3-A of the Slum Act, the SRA not only
             has the power, but it is duty-bound to get the slum rehabilitation scheme
             implemented and to do all such other acts and things as will be necessary for
             achieving the object of rehabilitation of slums. In this case, the SRA was
             faced with a situation where the slum-dwellers were suffering for more than
             25 years and, therefore the action taken by SRA to remove Susme for the
             unjustified delay was totally justified.
             53.      A perusal of the various provisions of the Slum Act would show
             that normally in a case falling under the Slum Act, it is the owner of the
             land, whether it be the Government, a statutory authority or a private
             person, who will be interested in the development work. Normally, the
             occupiers will be encroachers of slum land. Therefore, there will be a
             conflict of interest between the occupiers and the owner. The owner, in
             turn, will always engage a developer/builder to carry out the development
             work. In case the owner gives a power of attorney to the developer, as in the
             present case, the developer now has two identities — ( i) the power-of-
             attorney holder of the owner, and (ii) the developer. As far as the present
             case is concerned, the Society is made up of the members who are occupiers
             and this Society has given power of attorney to the developer Susme.
             Therefore, the developer Susme is actually having a dual role of owner and
             developer. Both the letters of intent have been issued in favour of the
             Society, Susme and the architects of Susme. Susme could not have carried

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             out the development work on the basis of its agreement with the Society. It
             needed the permission of the SRA. Therefore, SRA can obviously revoke
             such permission.”
                                                                (“emphasis supplied”)


12.          In Galaxy Enterprises Vs. State of Maharashtra6, this Court expressed

serious systemic concerns about the functioning of slum rehabilitation in

Mumbai. The Court noted that the Supreme Court and High Court decisions

emphasized the need for expeditious and effective rehabilitation of slum dwellers

living in inhuman conditions, to fulfill the object of the Slum Act. Despite the

long existence of the Slum Act (1971). It was observed that large number of

disputes on such front still reaching was indication of the fact that slum

eradication and rehabilitation efforts are not functioning with the required

efficiency and direction. The observations of the Division Bench inter alia

touched the following :

             “12.1 Slum dwellers often lack knowledge of slum redevelopment schemes
             and are vulnerable to manipulation by so-called leaders and developers,
             leading to mistrust, disputes, and derailment of rehabilitation projects.
             Many slum schemes remain incomplete for years and are stuck in litigation
             or administrative delays, defeating the very purpose of speedy slum
             redevelopment. The Court questioned whether the SRA has a robust panel
             of genuine developers with the technical and financial capacity to undertake
             redevelopment, noting that the selection process must be open, fair, and
             transparent. The burden on slum dwellers to appoint developers and pursue
             redevelopment was unreasonable; the State and SRA must take a more
             proactive role to ensure professional, time-bound redevelopment.
             Redevelopment must be undertaken by honest, credible, and trustworthy
             developers appointed through the SRA or other statutory bodies and not
             left solely to the slum dwellers who lack capacity and resources. The
             Government and SRA must urgently examine systemic failures and devise a
             foolproof mechanism to resolve recurring issues and implement the
             beneficial objectives of the Slum Act.
             12.2 The Court criticized the authorities for adopting a myopic
             approach, failing to enforce statutory obligations, and allowing slum
             schemes to remain stagnant for years without satisfactory explanation. The
             authorities must monitor schemes closely, ensure commencement and
             timely completion, and prevent delays that defeat the Slum Act’s objectives.

6 2019 SCC OnLine Bom 897

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             Developers or agents who exploit slum projects for commercial gain must
             be reprimanded and prevented from treating redevelopment as a mere
             commodity. The SRA cannot continue with a developer when the society
             loses confidence in him; a developer appointment is not absolute and must
             serve the purpose and object of rehabilitation.
             12.3 In cases where land belongs to MHADA or the State, it is the
             responsibility of these authorities to ensure prompt rehabilitation of slum
             dwellers, and their inaction or neglect cannot be justified. The record of the
             court proceedings showed that MHADA and State authorities failed to
             utilize the law effectively and allowed private developers to take over,
             leaving slum dwellers helpless. The Court stressed the need for a concrete
             government policy and a panel of reputed developers who can genuinely
             implement rehabilitation schemes efficiently. Dealing with government land
             requires responsible exercise of public power, and the State cannot abdicate
             its responsibility by leaving matters entirely to private developers. Effective
             guidance, strong policy direction, and timely action from the State are
             essential, especially in cities like Mumbai, where land scarcity makes slum
             redevelopment critically important. The State must urgently adopt such
             measures in Mumbai and other fast-developing cities before the situation
             becomes irreversible. Considering the volume of disputes reaching the
             Court under the Slum Acts, the Court made the following observations :-
             “3.      There is a wealth of decisions of the Supreme Court and this Court
             emphasizing on the expeditious and effective rehabilitation of slum
             dwellers, who live in inhuman conditions, so as to achieve in letter and
             spirit, the object and intention of a fairly old State legislation namely the
             "Maharashtra Slum Areas (Improvement, Clearance and Redevelopment)
             Act 1971". Nonetheless, considering the volumes of disputes still reaching
             the Courts, it can certainly be said that time is ripe, if not too late, to
             ponder, whether things are realistically working in the right direction, to
             eradicate slums and rehabilitate the slum dwellers, with the desired efficacy
             and expedition. This not only at the hands of the authorities but also at the
             hands of the other stake is on the rules permitting, the selection and
             appointment of developers to undertake a Slum Rehabilitation Scheme,
             being conferred on the holders. The vital issue which has often led to
             controversy and disputes, slum dwellers, who are hardly expected to know
             the nitty-gritty of the slum redevelopment schemes. It is seen that the so
             called leaders of the slum dwellers who are themselves in need to be
             rehabilitated, are often lured by developers and their agents, and once a
             developer is appointed, what normally prevails is a constant fear of
             incertitude and skepticism amongst the slum dwellers, leading to disputes
             on variety of issues affecting their final rehabilitation. Such issues not only
             frustrate the very object of a speedy slum redevelopment but completely
             derail the slum schemes. It can be seen that scores of slum schemes have
             remained incomplete for years together and are languishing on such issues,
             either in litigation before Courts and/or before the authorities. These
             schemes need not face such ordeal, including of an unending litigation. To
             change the developer is no answer as even this process involves dispute
             resolution and ultimately lengthy litigation from one form to another.
             4.      Can the Slum Rehabilitation Authority not have a robust panel of
             bonafide developers who have genuine business interest to redevelop slums,
             of course with commercial benefits as conferred under the rules, and who
             can be appointed by an open and fair scheme of selection and allotment of
             slum projects and who would be accountable to the Authority.


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             5.       It is high time that, learning from the past experiences, the burden
             on the ill equipped slum dwellers to be responsible to appoint developers
             and pursue the redevelopment scheme is removed and to do away the
             ordeal of the slum dwellers to go on knocking the doors of different
             authorities for years together when the developers fail to perform.
             Redevelopment to be undertaken professionally and in a time bound
             manner is the need of the day, even to fulfill the ideals, which the
             Government intends to achieve. What is necessary is the initiative of a
             redevelopment, by genuine, honest and trustworthy developers appointed
             through the Slum Authority or any other Special Body created for the said
             purpose and not to leave it to the slum dwellers to re-develop the slums.
             This for the reason that the slum dwellers are supposed to be merely
             interested in their rehabilitation and can have no other interest. All these
             efforts are necessary, as a step forward to achieve an object of having an ideal
             city free of slums. It cannot be countenanced that the slums be redeveloped
             only when the slum dwellers feel the need of a redevelopment and the
             Government Authorities cannot initiate redevelopment and cannot initiate
             a suo motu action in that behalf. It is hence, for the Government and the
             Slum Authority to give its anxious consideration to these issues and in its
             wisdom to device a substantial, nay a foolproof mechanism, by undertaking
             a study and identify these grey areas, so that the helping hand as extended
             by the legislature in providing this beneficial law as far back in 1971 that is
             almost 50 years back is held strongly and firmly by all concerned. It is never
             too late.
             57.     There cannot be a myopic approach to these issues of a delay in
             implementation of a slum rehabilitation scheme. Things as they stand are
             required to be seen in their entirety. The only mantra for the slum schemes
             to be implemented is it's time bound completion and a machinery to be
             evolved by the authorities, to have effective measures in that direction to
             monitor the schemes as a part of their statutory obligation to avoid delays.
             Non-commencement of the slum scheme for long years and substantial
             delay in completion of the slum schemes should be a thing of the past. In
             the present case, looked from any apple there is no plausible explanation
             forthcoming for the delay of so many years at the hands of the petitioner to
             take bare minimum, steps to commence construction.
             58.     The authorities should weed away and reprimand persons who ate
             hot genuine developers and who are merely agents and dealers in slum
             schemes. These persons after get themselves appointed as I developers, yo
             ultimately deal/sell the slum schemes, as if it is a commodity. Any loopholes
             in the rules to this effect, therefore, are required to be sealed.
             60.      In any case, the developer cannot be said to possess a vested right
             which would mandate the SRA to continue it's appointment, for such delay
             and when the body appointing the said developer namely the society itself,
             in the given set of facts, bonafide and for an acceptable reasons, lacks
             confidence in the petitioner as appointed by Between the slum society and
             the developer, it is merely a contractual dispute, It cannot be said that the
             society in adverse circumstances would have no authority in a resolution so
             passed by the majority to remove a developer. The role of the S.R.A. under
             law is to further the interest of the slum scheme by exercise of it's powers in
             the best interest of the slum redevelopment and pass such appropriate
             orders to achieve the said object, in exercising its power inter alia under
             Section 13(2) of the Slums Act.


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             65.      Before parting, it needs to be noted that the land in question is a
             land belonging to the State Government/MHADA and if the land is under
             slums and the occupants are suffering, whether it would also not be the
             responsibility of the MHADA considering the provisions of Chapter IX of
             the Maharashtra Housing and Area Development Act 1976, being a chapter
             on "Environmental Improvement of Slums", providing for Section 104 to
             Section 113 of the said Act, to take time to time actions and consider with
             utmost priority the rehabilitation of the slum dwellers?. It clearly appears
             that in the present case, the entire re-development of the slums is left in the
             hands of the developer by the slum dwellers, who are struggling to appoint
             one developer after another. The MHADA appears to be an absolute alien
             when all these actions are being taken by the society. Already, about three
             developers are appointed by the Society including the present developer
             M/s. Bindra, as noted above, despite this whether the slum dwellers will at
             all see the light of the day, is a factor which is required to be seriously
             considered by the slum rehabilitation authority and the MHADA by having
             a compliance and a follow up mechanism. It is high time that at least in
             regard to the slums on government lands or land belonging to a public
             bodies, the government needs to have a concrete and effective policy and
             which include a panel of reputed contractors/developers which would
             genuinely undertake and implement the slum rehabilitation scheme and
             bring a speedy and effective rehabilitation of slum dwellers. This is required
             to be observed for the simple reason that the record in the present petition
             would clearly show that the MHADA or the State authorities have not
             utilised and/or have turned a blind eye to the provisions of the law to take
             effective steps in the larger interest of the society, instead things were
             completely left at the hands of a private developer and the helpless sum
             dwellers. Dealing with the Government land certainly involves dealing with
             the public largess. Surely the hands of the State and its authorities are not so
             weak. What is required is a willingness and an able and authoritative
             guidance from those who wield these powers for public good. As noted, it
             would be for the good wisdom of the State and its policy makers to
             deliberate on these issues which are "also" of immense importance to a city
             like Mumbai where large parts of the limited lands are under slums. Such
             approach also needs to be timely adopted for the other fast developing cities
             in Maharashtra, where the government land is scarce, before it is too late.”
                                                                        (“emphasis supplied”)


13.          In Abdul Majid Vakil Ahmad Patvekari Vs. Slum Rehabilitation Authority

& Ors.7, the Division Bench of this Court addressed issues of encroachment on

government land and the limits of rehabilitation rights. The Court held that

encroachers on Government land do not acquire any right under the Slum

Rehabilitation Scheme merely because they have remained on such land for some

time. The State’s policy to protect slum dwellers cannot be stretched to elevate

7 (2022) 2 Mh. L.J. 382

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their occupation of Government land into a protected or permanent right. Slum

dwellers can only be rehabilitated on the same land if feasible, or else in nearby

alternate accommodation; they cannot insist on retaining possession of

Government land. Encroachment on public land cannot be tolerated, and

prompt action is required to remove encroachments, especially where authorities

knowingly allow such occupation for long periods. Long-standing encroachments

create a false expectation in encroachers that they are entitled to rehabilitation at

public cost, which is contrary to Government policies. Negligence of officers in

failing to protect public lands forces the State to later acquire private lands for

public projects, causing unnecessary financial burden and wastage of taxpayer

money. The Court criticized Government policies that effectively reward

encroachers by granting free rehabilitation benefits, describing such policies as

contrary to public trust principles. The Court questioned whether any audit had

been undertaken to assess the extent of Government land lost to encroachments

and steps taken to prevent further loss. Loss of public land due to encroachments

affects the availability of land for essential public institutions and utilities,

undermining the functioning of the democratic system. The State must restore

encroached Government lands and ensure they are used strictly for public

purposes; genuine political will is required to protect public property.

Encroachers on Government land cannot demand rehabilitation as a matter of

right, nor can such a right be equated with ownership or compensation. The

intention of the Slum Act and State policies is not to compensate encroachers for

occupation of Government land but to rehabilitate slum dwellers in accordance


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with lawful policy. If the petitioners’ stand were accepted, it would become

impossible for the State to undertake public projects on Government land for the

larger public good. The Court in the said decision observed that encroachers on

Government land have no right under the Slum Rehabilitation Scheme and made

the following observations :-

             “9.      Having heard the learned counsel for the parties and having perused
             the record, at the outset, we may observe that the petitioners, who initially
             encroached on the Government land and who had remained on the same
             for sometime so as to fall within the beneficial policy of the State
             Government of being protected slum dwellers, cannot elevate their
             protection to such an extent that such slum dwellers have to be rehabilitated
             either on the same land, if any remaining after the project work is
             completed or they be provided a permanent alternate accommodation
             within the vicinity. In our clear opinion, any encroachment on public land
             at the threshold ought not to be tolerated and prompt action is required to
             be taken to remove such encroachment, more particularly when those who
             are custodians of the public land are well aware that encroachments for long
             periods will clothe the encroachers with rights to seek rehabilitation at
             public costs under the prevalent Government policies. It is not new that
             valuable Government land on account of the negligent approach of the
             officers in charge by not protecting such lands from encroachment have
             stood extinguished from the Government's holding, causing a serious
             cascading effect, namely, that whenever land is required for any public
             purpose, the Government is required to acquire the same from private
             holdings, causing an unwarranted burden on the public exchequer and a
             sheer waste of the tax payers money. This for the reason that the
             Government despite its mighty machinery did not protect its valuable land
             and permitted to be encroached to be developed by the slum dwellers and
             their developer, with the Government nowhere in the picture. Such
             inaction, in our opinion, amounts to grossest violation of the public trust
             doctrine as a result of the patent abuse of the powers vested in such
             Government machinery in not protecting public property. We also have a
             grave doubt about the policy of the State Government which rewards the
             encroachers of the public land by a free of cost accommodation. In our
             opinion, such policies qua the Government land nor only violate the
             principles of equality but certainly fall foul of the doctrine of public trust.
             We wonder as to whether at any point of time an audit in regard to the
             encroached Government land or lands belonging to public authorities in the
             State of Maharashtra was undertaken. As to how many such lands have
             vanished due to encroachment and as to what steps have been taken to
             preserve such lands are questions which need to be answered to “we the
             people", and accountability fixed for negligence in this regard. We say so, as
             there can be no two opinions that even land for important public
             institutions and other government utilities is not available, which certainly
             has adversely affected the very functioning of such institutions in a
             democratic set up. We hope that the Government awakens on such issues
             before it is too late and restores all the encroached Government lands for

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             the benefit of public and strictly to be used for public purposes. This would
             certainly require a genuine political will and consciousness towards larger
             public benefit.
             10.     The petitioners occupying Government land cannot take such an
             adamant stand as canvassed by them, when they are occupying Government
             land. Mere rights of rehabilitation cannot be recognized to be equivalent to
             a right of ownership or as if it is some compensation being offered to the
             slum dwellers for their encroachment and occupation of Government land.
             This is neither the intention nor the object even of the slum legislation and
             slum policies of the State Government. The insistence of the petitioners if
             accepted and that too in the context of the 'State' undertaking such public
             projects, it would be impossible to plan any such project using the
             Government land for the benefit of the public at large.”
                                                                     (“emphasis supplied”)


14.          In High Court on its own motion (In the matter of Jilani Building at

Bhiwandi) vs. Bhiwandi Nizampur Municipal Corporation and Ors. 8, the

Division Bench of this Court, while exercising PIL jurisdiction, made extensive

observations on illegal constructions, slum proliferation, and administrative

failure. The Court reiterate that the main object of the Slum Act is the

expeditious and effective rehabilitation of slum dwellers living in inhuman

conditions, but the rising volume of disputes shows that this objective is not

being achieved in practice. Persistent disputes arise because slum dwellers are

unaware of redevelopment processes and are often misled by so-called “leaders”

influenced by developers, resulting in loss of trust and prolonged litigation. Many

slum redevelopment schemes remain incomplete for years, and the existing

system fosters delays, lack of transparency, and exploitation of slum dwellers,

defeating the very purpose of the Slum Act.

15.          Appointment of developers must be based on fairness, transparency, and

credibility, as unfit or dishonest developers derail schemes and cause immense

hardship to slum dwellers. The burden cannot be placed entirely on slum

8 2022 SCC OnLine Bom 386

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dwellers to monitor developers; the State must adopt foolproof mechanisms,

maintain strict oversight, and ensure timely completion. There must be no

myopic approach; authorities are required to actively monitor progress, enforce

statutory obligations, and prevent delays in commencement and completion of

schemes. Authorities must reprimand and restrain non-genuine developers and

middlemen who treat slum redevelopment as a commodity, thereby defeating

public purpose. The Court emphasizes that the SRA must act in the larger

interest of slum dwellers, including removing developers who fail to perform,

even if societies initially appointed them.

16.          Encroachers on government land cannot claim an equivalent right to

rehabilitation; mere rehabilitation benefits cannot be elevated to ownership rights

or be treated as compensation for encroachment. Government cannot be

compelled to spare public land for encroachers in a manner that obstructs public

projects; policies must not reward illegal occupation of valuable government land.

Sustained encroachment on government land is often encouraged by authorities’

inaction, creating massive losses to the exchequer and incentivizing further

encroachment. Such policies violate the public trust doctrine, as public land is

diverted to private hands under the guise of slum rehabilitation, contrary to

constitutional obligations.     Long-standing failure to audit encroached public

lands and fix accountability of negligent officers has allowed encroachments to

proliferate and public land to vanish without trace. Illegal construction,

unauthorized encroachments, and the collapse of structures reflect systemic

lawlessness and administrative apathy, severely threatening public safety. Political


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influence, vested interests, and slumlords create an environment where

enforcement is weak, illegal structures remain, and public land is continuously

grabbed.

17.          Numerous circulars issued by the State to remove encroachments and

unauthorized constructions were never effectively implemented, turning official

directives into “dead letters.” The municipal corporation and planning authorities

have statutory duties to verify and remove unauthorized structures, including

those in slum areas, but have consistently failed to act.

18.          Section 47 of the Slum Act does not restrict the planning authority’s

power to act against illegal structures in slum areas; authorities cannot use the

Slum Act as an excuse for inaction. Dereliction of duty by municipal and

government officers has aided the proliferation of slums, the grabbing of

government land, and structural dangers, forcing citizens to seek refuge in slums.

The MCGM, as planning authority, retains jurisdiction to take action against

unauthorized and illegal structures across the entire Mumbai region, even in slum

areas. Authorities must not succumb to external pressures or vested interests; they

must enforce construction, planning, and slum laws rigorously to prevent future

calamities.

19.          Illegal encroachments and unauthorized constructions divide society into

two classes, firstly of law-abiding citizens who suffer, and secondly, those who

profit by violating the law with impunity, often with official support. Rewarding

encroachers with free tenements encourages illegality and siphons public land for

private gain, directly breaching constitutional governance norms.


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20.          Public officials who fail to discharge their duties or evade accountability

undermine the rule of law and derail constitutional machinery; courts are

compelled to intervene to restore public confidence. Anti-corruption mechanisms

must be strengthened due to rampant corruption in municipal governance, where

officers deliberately avoid action against illegalities. Exponential growth of slums

and illegal constructions stems from the absence of long-term planning and

failure to create adequate mass housing for the working population.

21.          Migrant workforce needs legitimate housing, and unplanned slum growth

cannot substitute for state’s failure; the right to housing is part of Article 21 and

international human rights law. Mumbai’s severe housing burden and massive

inequalities between luxury developments and surrounding slums reflect

systemic planning failures and disregard for public needs. Despite large municipal

budgets, the State and corporations fail to allocate adequate financial resources

for affordable housing and proper urban planning. A dangerous nexus exists

among           politicians,    developers,      bureaucrats,     and     slumlords,        enabling

encroachment, regularization, and later redevelopment for private profit under

the guise of helping slum dwellers. Laws designed to protect weaker sections are

misused to facilitate commercial exploitation, betraying public trust and

constitutional values. Governance has become driven by political motives rather

than constitutional obligations, with the ultimate casualty being the

compassionate Constitution and public welfare. The following are some of the

significant observations made by the Court :-

             “3.     We are informed by the Corporation that a vast portion of the scarce
             land in the city is under slums, which includes all kinds of lands, namely,

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             the State Government lands, land belonging to public bodies as also to a
             small extent, private lands. The percentage of population in Mumbai and
             outskirts is also too large. We wonder, that when slums are openly allowed
             to proliferate on scarce and valuable public land, whether the well
             established principles under the “rule of law” at all prevails in relation to the
             rules, to transfer ownership of such lands from the “State” to the private
             parties. Something which possibly does not happen elsewhere in the
             country, is what has pained us, namely, that sustained encroachment on
             valuable government land in this city is encouraged to the benefit of
             encroachers and developers and becomes available for commercial
             exploitation. It cannot be expected, that on executive instructions and
             subordinate legislation, the State’s ownership of land stands divested. The
             severity is such that when this land is being taken away by these forces, the
             owner of the land, namely, the Government or a public body and
             sometimes the private owner (if fails to assert his rights), has no say
             whatsoever. It becomes a situation of fait accompli. Is this the manner in
             which the law would require scarce public largesse or private land to be
             siphoned off, merely because it has the garb of a slum? Whether or not the
             doctrine of public trust applies when the government land is taken away in
             a manner not known to the Constitution? Whether the might of the
             unscrupulous forces is so strong that even the law makers would turn a
             blind eye to such Constitutional requirements ? These are some of the issues
             raising a deeper concern when we think about collapse of structures in the
             slum areas.
             45.      There can be no two opinions that the issues of encroachment on
             public land, mushrooming of slums on such lands and illegal constructions
             on such land, as also, on any open land in the city, and the total collapse of
             the machinery available in law to control these issues, adversely affecting the
             urban agglomeration, is a sad story of an invited misery and a massive
             failure on the part of the State Government and the municipal bodies. An
             overview of these adversities, depicts a sorry and painful state of affairs,
             having a harmful and an overbearing effect not only on those who are
             residing in the slums and unauthorized constructions, but also, the hard
             impact it creates on the infrastructure in cities and the continuous and
             successive damage to the limited resources. The consequence of all this, is
             ghastly and harmful. As to what is in store for the future generations cannot
             be imagined. Admittedly, these are larger issues to be effectively looked into
             by the policy makers before things further worsen, albeit there appears to be
             a stage of no return, unless aggressive planning and commitment to the
             constitutional principles is kept at the forefront by the policy makers.
             Happening of encroachments, unauthorized and illegal structures being put
             up and deliberate neglect to these issues, when all this is unpleasantly
             happening before the open eyes and to the knowledge of the authorities, is
             not without purpose. From the report of the learned Commissioner, it
             appears to be a deep rooted menace, perpetrated for years together, which
             has ruined the cities and its scare resources. There are vested interests as
             pointed out by the learned Commissioner, namely political interest,
             slumlords and ultimately the cancer of corruption, which is the primary
             cause, for the authorities not taking action to remove illegal structures
             which continue to exist for years together.
             46.     However, it clearly appears that the State Government being aware
             of the grabbing of Government lands at the hands of these unscrupulous
             elements, from time to time, issued directives to the Additional Collector


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             (Encroachment), Chief Executive Officer of the Slum Authority and other
             Chief Officers of the local authorities. Such directives made it incumbent to
             take all steps to protect the Government lands, by preventing grabbing of
             lands by encroachment and to register criminal complaints of such
             encroachment and taking stern action of demolition of the unauthorized
             constructions and unauthorized hutments. However, it appears that the said
             directives at all material times have remained to be dead letters. Learned
             Commissioner has referred to some of the Circulars, which, if were to be
             implemented in its letter and spirit, the scenario would have been
             completely different, from what it prevails today. The city would have been
             a better place to live. Hundreds of Government lands could have been
             saved, to be utilized for public purposes. The circulars are certainly binding
             on the Government and its officers, provided the officers had an intention
             to look at them. The directives as contained in some of the Circulars are
             required to be noted with particular emphasis of their relevant contents.
             They read thus: (I) By Government Circular dated September 19, 2003
             issued to the CEO, SRA, Additional Collector (Encroachment & Removal),
             Mumbai City, Eastern Suburb, Western Suburb and the Director, Mumbai
             Development Division, on removal of unauthorized constructions and
             unauthorized hutments on semi-Government and private lands, guidelines
             were issued stating that day by day encroachment, illegal constructions and
             illegal hutments are increasing on such category of lands and such activities
             are required to be controlled and which were sought to be controlled by
             various circulars as referred in the reference in the said circular. This circular
             stated that the respective divisions would be primarily responsible to protect
             such land, however, as the concerned division did not protect the lands,
             illegal constructions setting up of unauthorized hutments have taken place
             and have increased. It was directed that the concerned Division to take
             immediate steps to prepare a scheme to protect the lands. The circular
             records that all unauthorized hutments and illegal constructions in the
             hutment areas put up after 1 January 1995 should immediately be removed.
             It was also provided that if these instructions are not implemented by the
             concerned officer or there is negligence or delay in taking such action, in
             that event the proceedings would be initiated against him as per the
             provisions of the Slums Act. The officers were also instructed that in regard
             to the unauthorized constructions, the concerned officer shall meticulously
             and from time to time adhere to the different directives of the State
             Government. (II) By a further Circular dated September 7, 2010, the State
             Government again issued directives in regard to the prevention of
             encroachment, demolition of unauthorized construction/hutments and
             registering of complaints. The Circular stated that from time to time the
             directives were issued, however, there was no serious implementation of the
             said circular at the level of different divisions as noticed by the State
             Government. As a result of which the Government lands were encroached
             and are being grabbed. The Circular states that in some instances the
             persons in the adjoining areas and/or local people are opposing removal of
             encroachment and demolition of unauthorized structures and force is
             required to be used to resist such opposition which creates law and order
             problem. However, in this situation, considering the ownership of the
             Government in respect of its land, the Government machinery was required
             to register complaints, as for non-filing of such complaints, the police are
             not in a position to take action, as informed by the Home Department.
             Considering such situations, the Government issue the following
             directives:- (i) To notify all details of the Government land and which be
             displayed in the Revenue Office or in the office of the Local bodies at a

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             prominent place alongwith which a clear notice be given that if the
             Government land is encroached, legal action would be taken in regard to
             such encroachment. (ii) If there is any encroachment on the Government
             land or the land belonging to the local bodies, immediate action be taken to
             remove the encroachment or to demolish the unauthorized construction.
             (iii) To prevent encroachment on the Government land is the responsibility
             of the respective Division in which the land is situated. For such reasons, the
             concerned Talathi, Circle Officer, and in respect of the forest land, the
             authorized officer, Gramsevak in respect of grazing lands and public lands
             and the Chief Officers of different municipal corporations, and in respect of
             other land where the Government land is in a particular division, the
             respective local officers, are under an obligation to immediately file a police
             complaint. In the event, there is any shifting of responsibilities to register a
             police complaint, the Senior Officers shall hold such officers responsible
             and take action. (III) On similar lines, a further circular dated 10 October
             2013 was issued by the State Government in its Revenue and Forest
             Department, reiterating the directives as issued in the earlier circular dated 7
             September 2010.”
             47.      The menace of continued encroachments on Government lands and
             thereafter, illegal and unauthorized constructions being undertaken post
             encroachment, are also a result of an unwarranted protection being
             conferred on the slum dwellers by the policies of the State Government,
             which protect the interest of the slum dwellers by awarding a premium on
             such illegality. This merely for the reason that the government machinery
             failed to take any action to remove such encroachments and with impunity
             continued these encroachers to remain on government land for years
             together. The encroacPer se, hments are of two categories, those who have
             encroached for commercial purpose (those who have grabbed public land
             for installing shops etc.) and those who have encroached for putting up
             structures for residential user. Under the government policies both these
             encroachers are recognized and rewarded by providing alternate tenements
             of the nature they were occupying. The government policies issued from
             time to time to protect such encroachers, if their names are found in the
             voters list on a cut-off date being fixed at the ipse dixit of the Government.
             In our opinion, fixing of such arbitrary dates to protect the illegality of
             encroachment and ultimately to reward the encroachers with a free of cost
             permanent structure on the same government land, is certainly not an
             exercise of power, the constitutional principles would permit. These
             situations have added to the alarming woes of the city. It is no more a secret
             that these policies, which appear to be innocuous and intended to primarily
             protect the slum dwellers, resulted to be also of a political concern, as these
             large slums also constituted potential vote banks.
             48.     What can be the logic and any legal sanctity to a policy which
             rewards encroachment on public land by granting free of cost tenements, on
             the very same land amounting to a bonanza for its private exploitation? By
             such modus operandi, public land, merely because of it being encroached,
             vanishes from the public holding and most astonishingly the basis for the
             allotment of tenements under the redevelopment process, is identification
             of an encroacher by his voters ID, on the basis of an arbitrary cut-off date
             fixed by the government. In fact, such policies create a mechanism being
             made available to the slum dwellers and thereafter private interest like that
             of the developers, to obtain a surreptitious allotment of public/government
             land for commercial exploitation, for profits by a backdoor method,


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             completely contrary to the well settled principles of allotment of State
             largesse, known to the Constitution. This more particularly, when there is
             an allotment of a small piece of public land for a lawful purpose, many a
             times there is a hue and cry. However, when large tracts of public land are
             being gulped by encroachers, would the legal machinery remain a mute
             spectator?
             51.   On the above backdrop, it would be appropriate to recapitulate
             some of the significant and glaring findings as made by the learned
             Commissioner, in the above context, which are as under:
                 a. The cutoff date of unauthorized hutment has been extended from
                 time to time based on the representation made by the elected
                 representatives.
                 b. Although the municipal corporation is routinely taking action on
                 the unauthorized structures including in the slum areas but due to
                 continuous extending of the cut-off dates by giving protection to the
                 slum dwellers, it is difficult for it to plan definite demolition
                 programme in the slums.
                 c. Within the MCGM area, there are various Government lands as also
                 and various planning authorities such as MMRDA, MHADA, MBPT
                 etc.
                 d. Due to high real estate costs in Mumbai, land mafias are actively
                 involved in unauthorized constructions. The land mafias use their
                 muscle power/threats, political influences to stall actions against
                 unauthorized structures by pressurizing the lower-level staff working
                 under the Designated Officers.
                 e. Such members of the municipal staff remain under constant fear of
                 assault/attacks by such unscrupulous elements since they do not have
                 regular police protection.
                 f. There are criminal elements involved in the unauthorized
                 development, hence, it is not possible for the civic staff to take action
                 without proper support of the police department. It thus becomes
                 difficult to take immediate action on the unauthorized structures once
                 they are erected illegally.
                 g. A sympathetic view is always taken by the elected members and the
                 Courts about the demolition action and to dislodge such affected
                 persons during four months of monsoon. In cases where the Court
                 finds that the action initiated by the authorities are faulty and directs
                 the authorities to follow due process of law in initiating demolition
                 action, it is seen that in these situations the organized mafia misuses the
                 ad-interim/interim orders passed in such matters and carry out
                 unauthorized constructions, so as to change status of the structure from
                 being 'ongoing work and unoccupied' to 'completed and occupied'
                 structure. As on date, approximately 10,000 cases are pending in
                 various courts with ad-interim/interim orders passed by the Courts, as a
                 result, the unauthorized structures continue to exist for long periods
                 and consistent follow up becomes really difficult.
             77.    We are, thus, of the clear opinion that the MCGM being a Planning
             Authority for the entire Greater Mumbai area (excluding those areas in
             which by law other planning authorities are appointed), the MCGM has

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             jurisdiction to exercise all powers under the MMC Act as also the MRTP
             Act and the Slums Act, to take action against illegal structures as permissible
             in law, not only in regard to all such areas within its jurisdiction, but also the
             slum areas falling under the Slums Act, except when a demolition order has
             been made under the Slums Act. We find that even Section 4 of the Slums
             Act would cast no embargo on the MCGM to take appropriate action in
             regard to any buildings which are unauthorized and/or dilapidated. Per se,
             Section 4 does not prohibit the planning authority to exercise any of its
             authority in regard to the structures of the nature Section 4 would
             contemplate either before the area is declared as a “slum area” or after it is
             declared as a “slum area”. It is nobody’s case that prior to an area being
             declared as slum, the planning authority namely the MCGM would not
             have any authority under the MMC Act and the MRTP Act to take action
             against unauthorized construction in such areas in regard to structures in
             these areas. From a holistic reading of the provisions of the Slums Act as
             discussed above, it is difficult to conceive that merely because an area is
             declared to be a slum under Section 4, the planning authority would lose its
             control and authority to regulate the structure by implementing the
             provisions of the MMC Act and the MRTP Act in the event the structures
             are dilapidated and/or in any manner unauthorized.
             80.     Be that as it may, it is never too late. It is high time that the
             concerned officials from the MCGM as also the Collectorate become
             conscious and immediately start taking action on illegal structures and
             restore a regime of only lawful construction prevailing in the city. In taking
             such action, the Municipal Officers ought to overcome any extraneous
             pressures and other obstructive considerations which may be created by
             certain undesirable elements preventing them from discharging public
             duties of taking action against such constructions. The iron hands of the
             Municipal Officers cannot be tied down by such pressures and they need to
             work relentlessly, as the law would mandate.
             84.     Illegal encroachments and unauthorized structures are a menace and
             a potential danger not only to the city of Mumbai, which is being ruined by
             encroachments and illegal constructions, but also to the other bigger cities.
             These factors also depict a picture of absolute lawlessness in implementation
             of the municipal laws. This for more than one reason. Firstly, as seen from
             the State policies, it creates two categories of citizens, the first category is of
             those citizens who are law abiding, who would put up lawful construction
             and possess buildings/structures which are lawfully constructed thereby
             enjoying only the legitimate and permissible benefits therefrom. The second
             category is of those persons who brazenly violate law and put up illegal and
             unlawful constructions and enjoy with impunity such illegal structures,
             under the blessings of municipal and government officers. There is yet
             another category of persons, who illegally enter and encroach on public
             lands, construct unauthorized structures, they continue to reside in such
             structures for long periods with the blessings of all the authorities, and yet
             get rewarded under the government policies which offer them a premium
             on such illegality of encroachment, in entitling them with a free of cost
             accommodation, under the garb of slum redevelopment as made
             permissible under the State policies as discussed above. There cannot be a
             bigger unconstitutionality and breach of the public trust doctrine in such
             mechanism, under which valuable public largess is siphoned off from the
             pool of public assets to reward encroachers as also for private benefits.



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             102. In the scheme of Constitutional governance, it is not possible for us
             to assume that a public official, howsoever high, or mighty or low, can
             remain without public accountability to “We the People”. Failure of
             accountability and discharge of public duties and responsibilities which the
             law would mandate them to discharge, in our opinion, are anathema not
             only to the expectations of lawful governance, but would also bring about a
             colossal case of derailment of the Constitutional and legal machinery,
             resulting into patent societal injustice and a civic regime opposed to the rule
             of law. The issues, which we have discussed above, certainly cast a serious
             doubt as to whether the above expectations of the rule of law are at all
             fulfilled and/or are followed in breach. It is for such reason, when there is a
             glaring and an apparent failure on the part of the statutory authorities to
             comply their lawful duties and Constitutional expectations, and/or when
             there is a dent or a breach in enforcement of the laws, the Courts
             unhesitantly are required to step in, so as to correct those who are failing in
             the discharge of their lawful duties, of not only to remind them of such
             duties and obligations but use the strong arm of law to set the same
             enforced and restore the confidence and expectations of the citizens, in the
             rule of law. This would also certainly require the Court to strictly deal with
             such officials, as the law would mandate the Court to so deal with them.
             They ought not to be under any impression that they can evade law with
             impunity. The famous quote of Lord Acton that “power corrupts and
             absolute power corrupts absolutely” ought to be realized to be untrue and
             something of the past, in its applicability in public governance. This, more
             particularly, when the aim is to compete with the other countries of the
             world where not only the building laws are stringently followed but also the
             aesthetics in relation to constructions and building designs are given a great
             impetus, so that the cities do not become eye sores of brick and mortar. This
             apart, as echoed in every public policy, corruption in municipal governance
             should be brought to the books by establishing multiple layers of anti-
             corruption mechanism within and outside the organization and achieve
             strict application of the provisions of the Prevention of Corruption Act,
             1988. This ought to be implemented with immediate urgency by keeping a
             vigil on those officers who in the absence of any hurdles are deliberately not
             taking actions against illegal and unauthorized constructions. It is only then
             that there can be a ray of hope and sunshine for the future generations.
             105. On our way towards conclusion, we may note that a chaotic state of
             affairs of mushrooming of slums and unauthorized and illegal constructions
             in every possible pocket of open land could have been avoided, provided
             there was a desire to have a proper vision and an effort to make an effective
             plan for mass public housing, which would cater to the housing needs, for a
             large percentage of population in a city like Mumbai. It cannot be
             overlooked that for a city as large as Mumbai or any other comparable city
             in the State, large work force and which may be migrant workforce is
             indispensable and perennially required, who cater to the various manpower
             requirements the city consumes. However, we find that in contemporary
             times, there is not much thought been given by the policy makers to such
             vital issues of affordable mass public housing, to be created to accommodate
             such large work force either temporarily or permanently. Moreover, the
             entire focus is on putting up skyscrapers on slum lands. It cannot be a
             situation that people from all parts of the country come to work in urban
             areas and there is no alternative to them but to encroach on
             government/public lands or private open lands and reside in filthy
             surroundings and in illegal structures. Such is the sorry state of affairs. Even

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             such persons have a right to live with dignity and in appropriate humane
             and pleasant livable surroundings.
             106. The policy makers appear to have turned a complete blind eye to
             these requirements of legitimate housing for such workforce, without whom
             the basic activities in the city would collapse. This is not only the
             requirement as would emerge from the constitutional guarantee as
             enshrined under Article 21 of the Constitution, but also what the Universal
             Declaration of Human Rights (1948) would provide wherein housing rights
             are recognized, as a part of economic and socio-cultural rights, which would
             guarantee a right to a standard of living adequate for health and well-being
             of citizens, and include the right to food, clothing, housing and medical care
             along with provisions for necessary social services etc. Further the
             International Covenant on Economic, Social and Cultural Rights (ICESCR)
             which is ratified by 160 States including our country also includes
             recognition of housing rights as a part of the broader right to adequate
             living conditions as seen from Article 11(1) thereof.
             108. Considering the progressive steps being taken by many other
             countries, we feel that our policies also ought not to lag behind, so as to
             achieve the goals for creating ideal and slum free cities keeping in mind the
             interest of the generations to come. Can we have a myopic vision and forget
             that the generations to come would also need playgrounds, open spaces,
             gardens, clean and hygiene surroundings. This considering the scenario that
             people go on putting constructions and more so, at the behest of vested
             interest, wherever there are open lands. There is a need of a fundamental
             thinking on these vital issues of planning. A vision on these issues needs
             more attention in contemporary planning. If timely attention is not devoted
             to such issues, it is quite likely, that for the future years, things would
             worsen and may create insurmountable suffering, of every kind, affecting
             human lives who live in such cities. Thus, a serious endeavour of the policy
             makers, as an emergent need, ought to be, to have well-planned cities which
             would cater to every possible facet of human life and not merely to create
             unplanned and chaotic towns. Any lack of vision on these issues would be
             fatal for times to come.
             109. We thus cannot expect citizens to languish in filthy and unhygienic
             slums. The right to livelihood includes a right of decent living and not an
             animal existence. It would include a right to live with dignity and implicit in
             it, is a right to live in decent houses, opposed to filthy living conditions.
             This ought to be an issue of prime concern for the State, so to device means
             to create mass housing facilities for the poor and for the economically
             weaker sections of the society, who are forced to live in slums in bigger cities
             so as to earn their livelihood and whose need for the city is perhaps
             indispensable. An endeavour ought to be made to bring about an era to
             have cities with no slums. If such ideals are achieved, it would be a pride
             and glory for the generations to come who would then would be the
             beneficiaries of dignified and ideal cities.
             114. Erstwhile Bombay, now Mumbai, is home to people coming from
             across the country in search of livelihood. This migration has not only
             added to the dense population making Mumbai the most populous Indian
             city, it has immensely burdened the housing sector so much so that 41.3% of
             the population live in slums. Any one taking an aerial view of Mumbai, also
             called the city of dreams, would be fascinated by the swanky sky-scrapers
             but disheartened by the structures at the foot of such sky-scrapers covered

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             mostly by blue tarpaulin covers. These are the densely populated single
             storey or double storied slums accommodating almost a half of the
             population, which co-exist as neighbours with real estate developments of
             extravagance. Despite these pronounced inequalities, people here seem to
             have accepted that this is the way life should go on. Mumbai happens to be
             the financial capital of this great nation and the extent of developments that
             one can see having taken place in Maharashtra, are significant. The annual
             budget of the Municipal Corporation of Greater Mumbai is more than
             several midsized States of India. It is, therefore, not unreasonable to assume
             that sufficient financial resources are at its disposal, and one would have
             expected the Government and the Corporation, whoever was at their helm,
             to adequately plan development by making appropriate budgetary
             provisions for affordable housing projects for the not so fortunate working
             class of people living in slums. Regrettably, instead of moving in the
             direction to have a planned and sustainable development, the successive
             Governments together with the Corporation seem to have unabashedly
             allowed mushrooming of slums at the instance of squatters by encouraging
             them not only to encroach more and more of public property but,
             simultaneously, by enacting laws to protect such unauthorized occupation.
             Enacting laws to further the interests of the weaker sections of the society is
             the obligation of every State in terms of Part IV of the Constitution and any
             move in that behalf ought to and must be welcomed. People living in slums
             do equally have a right of decent living conditions, which can be ensured by
             relocating them with proper housing facilities. However, a vicious nexus
             involving high profile personalities, bureaucrats, builders and slum lords
             have created a situation where public property is first encroached without
             resistance being provided by the law enforcing agency, followed by a
             declaration of slum gradually progressing to redevelopment by builders
             ostensibly for slum dwellers but really to further the interests of the “haves”.
             In the garb of legislation, in a novel manner, a fraction of the population
             including holders of public offices have continued to prosper by achieving
             their goals through impure means which are nothing short of betrayal of the
             trust that the people of this region have reposed in those responsible for an
             able governance. While it was the need of the hour to make housing
             projects a reality more effectively and with empathy, what has been laid bare
             is the apathy and indifference to cater to the needs of the hapless coupled
             with a complete lack of sensitivity. The reasons are not far to seek. Quite
             contrary to the ideals and values embodied in the Constitution which lay
             down the basic framework of the social and political structure of the
             country and sets out the objectives and goals to be pursued by the people in
             a common endeavor to secure happiness and welfare of every member of
             the society and despite taking oath to uphold the laws, actions of those in
             power and authority are now invariably driven by political motivations or
             other oblique considerations. No wonder, the casualty is the compassionate
             Constitution of ours.”
                                                                (“emphasis supplied”)


22.          In Moinuddin Pashamiya Shaikh Vs. Slum Rehabilitation Authority 9, the

Court undertook a detailed examination of the structural failures in the SRA


9 2023 SCC OnLine Bom 2933

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system. It was observed that encroachments on public/government lands are

widespread and undeniable. Over decades, unauthorized encroachments have

proliferated, and the assumption that every slum dweller is impoverished lacks

basis. In law, all slum structures are unauthorized; even an authorized structure

doesn’t become a “slum” merely because slum-like conditions surround it. Mixed

settlements of authorized and unauthorized structures on one plot have created

complex legal issues. Slums involve serious social, planning, engineering, and

political problems; many people migrate to cities in search of livelihood, resulting

in unplanned “informal settlements.” The Slum Act provides the procedure for

slum redevelopment: slum identification, notification, survey, LOI to the

developer, Annexure II eligibility, and provision of free rehab units with transit

rent. Developers receive free-sale FSI as consideration; rehab construction

triggers phased rights to build free-sale units. Three systemic failures were

identified - (i) rehab tenements are the core of redevelopment; (ii) these are

provided free of cost to slum dwellers, creating high-value assets at public cost;

(iii) there is no robust system to verify eligibility or prevent fraudulent claims;

biometric verification started only recently. The combination of free housing, no

monitoring, and lack of verification forms a “trifecta” at the heart of today’s

redevelopment crisis. Despite promises, slums have not reduced; they continue to

expand, and conditions remain harsh. The Court reaffirmed the earlier rulings

that the right to life includes the right to shelter, but there is no fundamental

right to trespass, squat, or claim rehabilitation based on trespass. No

constitutional principle gives a squatter a right to obtain a marketable asset free of


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cost. Public land is diverted to provide high-value real estate to encroachers while

lawful home buyers pay mortgages for decades, creating deep injustice. Policies

effectively reward illegal encroachment by guaranteeing free in-situ tenements at

enormous public cost. Courts cannot ignore the injustice faced by honest citizens

who lawfully purchase homes while encroachers receive free units. Evidence now

shows large-scale trafficking and illicit dealing in free rehab units because they are

high-value assets. The issue of whether redevelopment must always be in situ

involves other complex considerations such as eviction, relocation, infrastructure,

and transport which are beyond the Court's present scope. What is clear is the

reaffirmation that State largesse cannot constitutionally be distributed to

regularize trespass or reward unlawful occupation.


23.          In Sayunkta Sangarsh Samiti and Another Vs. State of Maharashtra and

Ors.10, the Supreme Court analyzed the public law character of SRA schemes and

the statutory obligations of authorities.            It was observed that the slums in

Mumbai reflect deep social and economic inequalities, driven largely by the

migration of rural and marginalized populations seeking employment. Migrants,

unable to afford formal housing, create informal settlements, which later become

slums with extremely poor hygiene and temporary structures. Mumbai has the

highest number of slum dwellers in India, which is nearly about 42% of its

population (2011 census) and this is due to historic neglect of housing needs,

dating back to colonial times.




10 2023 SCC OnLine SC 1684

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23.1 Past public bodies such as BIT (1898) and BDD (1920) attempted low-

cost housing but could not meet the massive demand. Post-independence, slum

policy shifted from demolition to welfare-oriented redevelopment, culminating

in the Slum Act, 1971, which aims at improvement, protection from eviction, and

redevelopment. The 1971 Act created the Slum Rehabilitation Authority (SRA)

to plan and implement redevelopment schemes and ensure benefits for slum

dwellers. SRA Schemes have a clear public law character, as the land involved is

public or belongs to public authorities, and redevelopment must serve statutory

welfare purposes. Private agreements cannot override SRA’s statutory mandate;

redevelopment must conform strictly to the Slum Act and Development Control

Regulations. The Municipal Corporation has a central role in – (i) certifying

eligible occupants; (ii) verifying genuine slum dwellers; (iii) ensuring public land

is used solely for public welfare. The purpose of the Slum Act is rehabilitation,

“not the commercial exploitation of public land”; hence, State authorities must

regulate every stage of the scheme, namely, the submission and evaluation of

proposals, scrutiny, sanction, and implementation. Although disputes between a

slum society and a developer have a private element, private remedies are not

exclusive, because the SRA has overriding statutory authority to enforce the

public purpose. The State and the SRA must ensure that schemes are not

misused, that the public purpose is upheld, and that rehabilitation does not

become subordinated to private contractual interests.




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24.          In Bishop John Rodrigues Vs. State of Maharashtra 11, a Division Bench of

this Court examined compulsory acquisition of private land under the Slum Act

and observed that the land in question was a small private plot of 1596.40 sq.m.

with only 35 slum structures, owned by a Trust. The landowner consistently

showed readiness and willingness to redevelop the slum structures by providing

permanent alternate accommodation. Even a composite proposal covering both

the Trust’s larger land and the slum-occupied portion was legally permissible, and

there was no legal bar on the petitioner undertaking redevelopment. If

redevelopment by the petitioner became impossible due to reasons beyond the

landowner's control, compulsory acquisition under Section 14 of the Slum Act

could not be forced on the petitioner. Forcing compulsory acquisition without

giving the landowner a fair opportunity to redevelop would be arbitrary, illegal,

and violative of Article 300A (Right to Property).


24.1 Encroachment removal in Mumbai is a near-impossible task, with

encroachments often supported by slumlords, politicians, and criminal elements,

making protection of private land extremely difficult. Private owners regularly

struggle to safeguard their land, while developers with resources often misuse

slum redevelopment as a tool to capture valuable private property. Declaring

private land as a slum under the Act starts a nightmarish process, effectively

depriving the owner of normal ownership rights and exposing them to unjust

acquisition pressures. Many schemes are, in reality, developer-driven, where

developers form or control the so-called “slum society” to push proposals for FSI


11 2024 SCC OnLine Bom 1632

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benefits. It is unacceptable that a willing landowner knocking at SRA’s doors for

redevelopment is instead issued a Section 14(1) notice of compulsory acquisition.


24.2 Before acquiring land, there must be insurmountable material on record

showing that redevelopment by the landowner is impossible; only then can

compulsory acquisition be justified. Authorities have an onerous duty to act

fairly, objectively, and not privatize the process in favour of encroachers or

developers under the guise of rehabilitation. Chapter I-A does not intend that

once land is declared a slum and a cooperative slum society is formed, the owner

gets no opportunity to redevelop. Section 13(1)’s requirement of giving 120 days’

notice to landowners must be strictly followed before any decision to

compulsorily acquire is taken. The law requires giving the landowner a

meaningful opportunity to propose a rehabilitation scheme; failure to do so

would violate Article 300A. The Court, in dealing with the acquisition of the

private land under Section 14 of the Slum Act in the absence of the right of the

owners being recognized in regard to the preferential redevelopment of the slum,

has made the following observations:

             “99. The SRA and whosoever is concerned in regard to the slum
             redevelopment need to be conscious of the ground realities namely that it is
             an herculean task in a city like Mumbai to remove any encroachment on
             private and public land. It is equally difficult for a private owner of the land
             to safeguard its land and prevent encroachment. This is the sad story, as
             encroachment does not happen by such encroachers simplicitor squatting
             on the land, invariably the encroachment is backed inter alia by slumlords,
             criminals, social workers, politicians (as the squatters would be vote banks).
             For a bonafide landlord, it is impossible to fight with such forces and, keep
             litigating on removal of encroachment. Thus, to achieve removal of the
             encroachment, is seen to be impossible for the landlords and for public
             bodies like State Government and Municipal Corporation as also the
             Airport Authority, as major public lands in the City of Mumbai have
             vanished from the public pool and are subjected to private development by
             developers under the garb of slum re-development, as the rulings of this


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             Court on several such issues would remind us of these woeful realities. In
             these circumstances, persons like the developers who are interested in
             commercial exploitation of any land under the slums may it be private or
             public, who are backed by other powerful forces and many times also by the
             government machinery, initiate proceedings under the Slum Rehabilitation
             Act for declaring private land as a slum. The moment such a declaration
             takes place, a nightmare and one of the most difficult journeys any citizen
             who owns land, commences namely to pursue litigation on such a
             declaration. It is hence as good as a preliminary capital punishment in so far
             as the ownership rights qua the private land are concerned. The way
             forward is just to be imagined. This being the case immediately developers
             who keep track on such development potential purportedly at the behest of
             the slum society come forward on a purported appointment by a slum
             society. In reality it is seen that it is the developer who actually forms the
             slum society. He is the one who is taking steps to enter into a development
             agreement with the society and the slum dwellers and put up a proposal
             before the SRA through his architect, everything in the name of the slum
             society. This for the reason that there is a bonanza of FSI of a free sale
             component available to be developed by the developer (The question is why
             should the developers have such bonanza on a land of somebody's
             ownership or of a private ownership. Thereafter, the SRA purporting to
             exercise some pious obligation would, under a label of social sympathy and
             purportedly to forward the object of the Slum Act, commence a process to
             permit development at the hands of such developer and in a given situation,
             start proceedings to acquire the land. To say the least, we can certainly take a
             judicial notice that this has been a sad reality, replete on this branch of slum
             jurisprudence, as majority of these cases are asserted by the developers with
             resources and legal ammunition they could have.
             101. In these circumstances, when valuable private rights as guaranteed
             under Article 300A of the Constitution to an owner of the land are being
             deprived under the garb of slum rehabilitation, there has to be an
             insurmountable situation on record of the SRA or for any reasonable body
             of persons to come to an unimpeachable conclusion that the only and only
             remedy and/or avenue in a given case is to acquire the private land and not
             permit the owner of the land to undertake the development. The CEOSRA
             has an onerous obligation to reasonably, non-arbitrarily, and objectively deal
             with the valuable property rights of private citizens who are dragged in such
             situation that the monsters of encroachment and persons supporting them
             take the rule of law in their hands in depriving the land owner of his right
             to property. They forget that there is a rule of law and there are Courts and
             any such attempt to dent the rule of law can be dealt with iron hands. We
             may also add that if the official machinery was to act as per law, today we
             would not have been confronted with the situation of an international city
             like Mumbai being also known for its slums on private and public lands
             [See the observation of the Court in High Court on its own motion (In the
             matter of) Jilani Building at Bhiwandi v. Bhiwandi Nizampur Municipal
             Corporation).”
                                                                     (“emphasis supplied”)



25.          The decision of this Court in Indian Cork Mills Private Ltd. (supra) was

upheld by the Supreme Court in subsequent decisions in Tarabai Nagar

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Cooperative Housing Society Vs. State of Maharashtra 12 and Saldanha Real Estate

Pvt. Ltd Vs. Bishop John Rodrigues and Ors. 13. In Saldanha Real Estate Pvt. Ltd.

(supra), it was observed that the SRA and its CEO failed in their public duty,

acting with bias to undermine the landowner’s rights and favour a private builder

(Saldanha). The Supreme Court found collusion, connivance, and misuse of

authority, revealing a deliberate attempt to bypass statutory protections and hand

over the land for private benefit. It was observed that Saldanha’s influence over

the SRA appeared so strong that the developer could push the project even

during the COVID-19 lockdown, when public administration was otherwise

paralysed. The Slum Act protects slum dwellers, but offers no explicit statutory

protection to landowners; this gap creates a vacuum that opportunistic developers

exploit. Developers manipulate slum dwellers and work “hand-in-glove” with

authorities to illegally dispossess landowners and enrich themselves. The

Supreme Court held that the acquisition proceedings, tainted by a colourable

exercise of power, could not be allowed to continue. The High Court was correct

in stopping the acquisition early, thereby protecting the statutory rights of the

Church / Trust and preventing an illegal land grab by the developer. In the said

decision, the Supreme Court made the following observations:

             “49. Throughout this case, the SRA and its CEO appear to have
             abandoned their public duty to uphold the Rule of Law and protect the
             rights of the landowner. On the contrary, the facts reveal a prejudiced
             attempt by the SRA to undermine legislative and judicial efforts and hand
             over the Subject Land and the benefits of its rehabilitation to Saldanha.
             Such actions of a public authority, marred by collusion and connivance and
             motivated by extraneous profit interests of private builders, are highly
             depreciable and underline the possibility of bureaucratic misuse of statutory


12 2025 INSC 1015
13 2025 SCC OnLine SC 1794

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             provisions.
             50.     The facts of the instant case compel us to infer that Saldanha's
             overreaching influence went beyond the slum-dwellers' proposed society. In
             its attempt to take over the Subject Land, the developer appears to have
             gotten the typically slow-moving bureaucratic wheels of the SRA to run at
             full speed. Moreover, Saldanha was able to achieve this manoeuvre at a time
             when the entire country was under lockdown and the machinery of
             governance was overwhelmed by the unprecedented challenges of the
             COVID-19 pandemic.
             51.      These circumstances underpin the need for practical and actionable
             safeguards in a legal system involving competing interests among private
             parties. The Slums Act, while providing wholesome protection to slum
             dwellers and their homes and livelihood, does not give such express
             protection to the interests of the owner of the land. The ensuing vacuum, as
             we have seen in these appeals, allows opportunistic developers to swoop in,
             exploit the circumstances of the poor slum dwellers, manipulate the hand-
             in-glove authorities, and enrich themselves off the helpless owner's land.
             52.      Keeping the facts of this case and the obviously colourable conduct
             of the Appellants in mind, the acquisition proceedings cannot be allowed to
             sustain. As such, the High Court has rightly nipped these proceedings in the
             bud, protecting the statutory rights and interests of the Church Trust over
             the Subject Land and preventing the Appellants from illegally grabbing it.”
                                                                 (“emphasis supplied”)


26.          A Nine Judge Constitution Bench of the Supreme Court in the case of

Property Owners Association and Others Vs. State of Maharashtra and Others 14,

was dealing with a reference raising significant questions about the applicability

of Articles 39(b) and 31(c) of the Constitution. The issue arose from a decision of

the Division Bench of this Court which upheld the Constitutionality of the

provisions of Chapter VIIIA of the The Maharashtra Housing and Area

Development Act, 1976. The High Court had held that the said provisions of the

Chapter VIIIA were saved by the Article 31C, as they were enacted to give effect

to the principles laid down in Article 39(b). The High Court held that the same

principles applied to Chapter VIII-A as well while holding that the provisions of

the said Chapter did not violate Article 14 of the Constitution. In view of the

14. (2024 SCC OnLine SC 3122)

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importance of the issues involved, a reference was made for the matter to be

placed before a Nine-Judge Bench, as set out in paragraph 16 of the reference

order. Although the scope of the reference pertained specifically to the

interpretation of Article 39(b), and not to the continued validity or survival of

Article 31C, it was contended by the parties that the determination should be

confined to Article 39(b) and more particularly, only to the question of whether

“material resources of the community” include privately owned resources. The

observations made by the Supreme Court as relied upon by Mr. Khambata

learned Amicus require to be noted –

             “257. An interpretation of Article 39(b) which places all private property
             within the net the phrase "material resources of the community" only
             satisfies one of the three requirements of the phrase, i.e. that the goods in
             question must be a 'resource'. However, it ignores the qualifiers that they
             must be "material" and "of the community". The use of the words
             "material" and "community" are not meaningless superfluities. We cannot
             adopt a construction of the provision which renders these terms otiose. The
             words "of the community" must be understood as distinct from the
             "individual". If Article 39(b) was meant to include all resources owned by
             an individual, it would state the "ownership and control of resources is so
             distributed as best to subserve the common good". Similarly, if the provision
             were to exclude privately owned resources, it would state"ownership and
             control of resources of the state..." instead of its current phrasing. The use of
             the word "of the community" rather than "of the state" indicates a specific
             intention to include some privately owned resources.
             258. In essence, the text of the provision indicates that not all privately
             owned resources fall within the ambit of the phrase. However, privately
             owned resources are not excluded as a class and some private resources may
             be covered. The resource in question must meet the two qualifiers, i.e. it
             must be a "material" resources and it must be "of the community". Thus,
             the judgments doubted in the reference before us are incorrect to the extent
             that they hold that "all resources" of an individual are part of the
             community and thus, all private property is covered by the phrase "material
             resources of the community".
             263. The right to property was included in the Constitution as a
             fundamental right under Articles 19(1)(f) and Article 31. Subsequently, the
             right to property was deleted from Part, Ill of the Constitution by the
             Constitution (Forty-fourth Amendment) Act, 1978. However, a modified
             version was inserted and the right to property continues to be
             constitutionally protected under Article 300A. Although no longer in the
             nature of a fundamental right, the provision has been characterised as a


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             constitutional and human right.
             264. A two-Judge Bench of this Court in Kolkata Municipal Corporation
             & v. Bimal Kumar Shah, speaking through Justice PS Narasimha, had
             occasion to discuss the scope and content of Article 300-A and the
             constitutional vision in relation to private property. This Court held that
             merely providing compensation does not justify compulsory acquisition by
             the state unless procedural safeguards are followed. It was observed that a
             "post-colonial reading" of the constitutional right to property cannot be
             limited to the twin conditions of (a) the acquisition being for a public
             purpose; and (b) payment of compensation, and must give way to morel
             meaningful renditions This Court observed:
                     "28. While it is true that after the 44th Constitutional
                     Amendment, the right to property drifted from Part III to
                     Part XII of the Constitution, there continues to be a potent
                     safety net against arbitrary acquisitions, hasty decision-
                     making and unfair redressal mechanisms. [...] To assume that
                     constitutional protection gets constricted to the mandate of a
                     fair compensation would be a disingenuous reading of the
                     text and, shall we say, offensive to the egalitarian spirit of the
                     Constitution.
                     29. The constitutional discourse on compulsory acquisitions,
                     has hitherto, rooted itself within the 'power of eminent
                     domain'. Even within that articulation, the twin conditions
                     of the acquisition being for a public purpose and subjecting
                     the divestiture to the payment of compensation in lieu of
                     acquisition were mandated. [...]
                     A post-colonial reading of the Constitution cannot limit
                     itself to these components alone. The binary reading of the
                     constitutional right to property must give way to more
                     meaningful renditions, where the larger right to property is
                     seen as comprising intersecting sub-rights, each with a
                     distinct character but interconnected to constitute the whole.
                     These sub-rights weave themselves into each other, and as a
                     consequence, State action or the legislation that results in the
                     deprivation of private property must be measured against
                     this constitutional net as a whole, and not just one or many
                     of its strands".
             265. The right to property under Article 300-A, this Court observed,
             may be seen as comprising of the following sub-rights which ensure that the
             procedure followed is just, fair and reasonable:
                     "27. [...] i) duty of the State to inform the person that it
                     intends to acquire his property - the right to notice, ii) the
                     duty of the State to hear objections to the acquisition - the
                     right to be heard, ill) the duty of the State to inform the
                     person fits decision to acquire - the right to a reasoned
                     decision, iv) the duty of the State to demonstrate that the
                     acquisition is for public purpose - the duty to acquire only
                     for public purpose, v) the duty of the State to restitute and
                     rehabilitate - the right of restitution or fair compensation, vi)
                     the duty of the State to conduct the process of acquisition
                     efficiently and within prescribed timelines of the proceedings


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                     - the right to an efficient and expeditious process, and vii)
                     final conclusion of the proceedings leading to vesting - the
                     right of conclusion."
                                                               (“emphasis supplied”)


27.          In Mujibur Rehman Chaudhary Vs. Municipal Corporation for Greater

Mumbai15, the issue for consideration before this Court was whether an

unauthorized vertical extension, namely, the construction of a Mezzanine/first

floor to the existing structure of the appellant used as hotel (which itself was

unauthorized), can receive a protection from an action of its removal by the

municipal corporation, merely because the structure is situated in a notified slum.

In rejecting the appeal and by not recognizing any protection, the Court has

made the following observations:

             “31.     It also needs to be stated that a photo-pass cannot be accepted to be
             a carta blanca or a blanket licence to put up an unauthorised, illegal
             construction. It is certainly within the jurisdiction and powers of the
             MCGM to take action against the structure, if any structure is put up
             illegally. If unauthorized and uncontrolled illegal constructions are
             permitted in slum areas, the ghastly consequences are not too far to be seen.
             In such context, the Division Bench of this Court in Jilani Building’s Case
             (b) (supra) considering the provisions of Chapter I-B of the Slums Act has
             held that the protection which has been conferred by Section 3Z of the
             Slums Act to the protected occupiers, cannot be confused or interpreted to
             mean that the protected occupier enjoys and can be granted a complete
             immunity from putting up unauthorized construction or structure and/or
             can make illegal additions or alterations.
             …...
             34.     In the absence of specific provisions under the Slums Act for
             inclusion of commercial premises being recognized in the photo-pass under
             the provisions of the Slums Act, it would be difficult to accept that the
             Slums Act would recognize a commercial structure, in respect of which
             under the Slums Act a photo-pass can be issued. Moreover, the definition of
             ‘dwelling structure’ as defined under Section 3X(a) of the Slums Act, as
             rightly contended by Mr. Jagtiani, in my opinion, would be required to be
             interpreted in the context of the object, the Slums Act intends to achieve.
             The said definition reads thus:-
                     “3X. Definitions: In this Chapter, unless the context
                     otherwise requires:- (a) "dwelling structure" means a
                     structure used as a dwelling or otherwise and includes an

15. 2023 SCC OnLine Bom 579

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                     out-house, shed, hut or other enclosure or structure, whether
                     of bricks, masonry, wood, mud, metal or any other material
                     whatsoever;”
             35.      When the words ‘dwelling or otherwise’ are used in the definition of
             a “dwelling structure”, and when the definition provides to include outhouse,
             shed, hut or other enclosure or structure, necessarily in my opinion, it would
             not include commercial premises which do not fit into any of the ingredients
             of such provision namely a structure used for dwelling or outhouse, shed,
             hut, as used in the said provision. In such context Mr. Jagatiani’s reliance on
             the decision in Ramesh Appa Rao (supra) which has considered the
             Government policy under the Government Resolution dated 16 May 1996
             that the commercial structure is not protected, would be apposite, however,
             subject to caveat that the subsequent Government Policies have deviated
             from the Government Resolution dated 16 May 1996 so as to grant
             protection to commercial structures.”
                                                                      (“emphasis supplied”)


28.          In Priya Construction Company Vs. The Slum Rehabilitation Authority &

Ors16, the Division Bench of this Court referring to Shree Sai Pawan SRA Chs Ltd

Vs. CEO SRA & Ors17, the SRA made the following observations :-

             “4.     This is not an isolated pronouncement. In any case, it has not been
             disturbed. It is a finding on a principle of law by a bench of coordinate
             strength; and it is therefore a binding precedent. On 27th February 2023,
             in (OS) Writ Petition No 9291 of 2022, Shree Sai Pawan SRA Chs Ltd v
             CEO SRA & Ors, and connected matters, we said:
                   4. The reason is self-evident and we have repeated it again and
                   again in series of judgments and orders. The fundamental
                   point is this: This city is not for developers. The Slum
                   Rehabilitation Act 1995 (“SRA”) is not for developers. The Act
                   is intended to serve a public welfare purpose. Developers are a
                   means to that end. They are entitled to a free sale component
                   provided by the incentive Floor Space Index (“FSI”) but this is
                   a consideration for their fulfilling their obligations under the
                   contract (for there is always a development agreement) and
                   under law, in the form of Letter of Intent issued by the Slum
                   Rehabilitation Authority. Those obligations include not only
                   the rebuilding or building of rehabilitation structures and
                   tenements both commercial and residential, but also the
                   payment of transit rent in the meantime or the providing of
                   habitable transit accommodation. A developer who does not
                   pay transit rent, does not provide habitable transit
                   accommodation or otherwise is in default of his obligations, all
                   of which have to be performed on a schedule and within a time
                   frame, is not entitled to any of the benefits of the slum
                   rehabilitation project, i.e., the free sale component. This is the
                   overall architecture of the Maharashtra Slum Areas

16. 2023 SCC OnLine Bom 3202
17. 2023 SCC OnLine Bom 2964

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                   (Improvement, Clearance and Redevelopment) Act, 1971. As
                   regards slum dwellers, only those who are found to be eligible
                   are entitled to these benefits.
                   5. But this means that where there is a demonstrated default by
                   the developers or by the co developers, then the privileges and
                   entitlements are liable to be taken away for there is a complete
                   failure of consideration. A party in default cannot be allowed
                   to take advantage of its own wrong and failure. That would be
                   profiteering and that too at public expense because many of
                   these slum projects are on public lands — such as this one —
                   and the developer is not being made to pay the cost of land.
                   6. Or, to put it differently, the developer can always be
                   changed. The beneficiaries of a SRA project cannot.
                                                                 (Emphasis added)

             5. This is equally true of re-development of tenanted/cessed structures, and
             in every case where a re-development of home for existing occupiers or
             tenants are involved.
             6. Thus, under SRA law, the obligations of the developer in whose name the
             Letter of Intent or LoI is issued are, inter alia, payment of transit rent and
             the construction of rehab homes for those entitled to rehabilitation
             according to sanctioned specifications. If these obligations are not met, then,
             as a matter of law, there is a failure of consideration and there is no right to
             any free sale unit. The sequencing is clear. The rights of the Developer
             recognised by SRA to free sale units are contingent and dependent on the
             performance by that Developer of obligations to the Society. If that LoI-
             holding Developer fails to perform the obligations, then no rights accrue to
             it.”
                                                                         (“emphasis supplied”)



29.          In Yash Developers (supra) the Supreme Court considering the large

amount of cases being filed under the Slum Act as noticed from the National

Judicial Data Grid (NJDG), it was observed that the Slum Act is a beneficial

legislation, intended to materialize the Constitutional assurance of dignity of the

individual by providing basic housing, so integral to human life. However, the

propensity and proclivity of the statute to generate litigation were observed to be

worrisome. The Supreme Court observed that there seems to be a problem with

the statutory framework for realizing the purpose and object of the statute. The

relevant observations as made by the Court are required to be noted which read


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thus:-

             “51.    Though we have disposed of this civil appeal by dismissing it, we
             must record that this case has provoked us to reflect on the working of this
             Act.
             52.     The Act came into being in 1971 and since then, for over five
             decades, the High Court has been exercising judicial review jurisdiction,
             disposing of writ petitions raising claims or challenges to the exercise of
             powers or dereliction of duties by authorities under the Act. Data fetched
             from National Judicial Data Grid (NJDG) reveals that a total of 1612 cases
             involving disputes arising under the Act are pending before the Bombay
             High Court. Of these, 135 cases are more than 10 years old. In the last 20
             years, 4488 cases have been filed and disposed of under the said Act.
             53.     Latest data from the Bombay High Court reveals that about 923
             cases on the Appellate Side and 738 on the Original Side are pending
             adjudication. The Act is a beneficial legislation, intended to materialise the
             constitutional assurance of dignity of the individual by providing basic
             housing, so integral to human life. However, the propensity and the
             proclivity of the statute to generate litigation are worrisome. There seems to
             be a problem with the statutory framework for realising the purpose and
             object of the statute.
             54.     In Galaxy Enterprises v. State of Maharashtra [Galaxy Enterprises v.
             State of Maharashtra, 2019 SCC OnLine Bom 897] the Bombay High
             Court has remarked that : (SCC OnLine Bom para 3)
                     “3. … Nonetheless, considering the volumes of disputes still
                     reaching the Courts, it can certainly be said that time is ripe, if
                     not too late, to ponder, whether things are realistically working
                     in the right direction, to eradicate slums and rehabilitate the
                     slum dwellers, with the desired efficacy and expedition. This not
                     only at the hands of the authorities but also at the hands of the
                     other stakeholders. The vital issue which has often led to
                     controversy and disputes, is on the rules permitting, the selection
                     and appointment of developers to undertake a slum
                     rehabilitation scheme, being conferred on the slum dwellers,
                     who are hardly expected to know the nitty-gritty of the slum
                     redevelopment schemes. It is seen that the so-called leaders of
                     the slum dwellers who are themselves in need to be rehabilitated,
                     are often lured by developers and their agents, and once a
                     developer is appointed, what normally prevails is a constant fear
                     of incertitude and scepticism amongst the slum dwellers, leading
                     to disputes on variety of issues affecting their final rehabilitation.
                     Such issues not only frustrate the very object of a speedy slum
                     redevelopment but completely derail the slum schemes. It can be
                     seen that scores of slum schemes have remained incomplete for
                     years together and are languishing on such issues, either in
                     litigation before courts and/or before the authorities. These
                     schemes need not face such ordeal, including of an unending
                     litigation. To change the developer is no answer as even this
                     process involves dispute resolution and ultimately lengthy
                     litigation from one forum to another.”
             55.    Further, referring to the statutory scheme, as per which
             development is possible only when the slum dwellers feel the need and seek

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             development, the High Court pointed out yet another problem about the
             statutory framework in the following terms : ( Galaxy Enterprises case
             [Galaxy Enterprises v. State of Maharashtra, 2019 SCC OnLine Bom 897] ,
             SCC OnLine Bom para 5)
                     “5. … It cannot be countenanced that the slums be redeveloped
                     only when the slum dwellers feel the need of a redevelopment
                     and the Government Authorities cannot initiate redevelopment
                     and cannot initiate a suo motu action in that behalf. It is hence,
                     for the Government and the Slum Authority to give its anxious
                     consideration to these issues and in its wisdom to devise a
                     substantial, nay a foolproof mechanism, by undertaking a study
                     and identify these grey areas, so that the helping hand as
                     extended by the legislature in providing this beneficial law as far
                     back in 1971 that is almost 50 years back is held strongly and
                     firmly by all concerned. It is never too late.”
             56.     The exasperation of the High Court about working of the Act is
             understandable. The present appeal is a classic example of why the High
             Court's concern is genuine. It has been noticed that the statutory scheme is
             problematic with respect to:
             56.1. Identification and declaration of land as a slum. This problem
             involves an examination of the role of authorities in giving such recognition,
             insidious intervention of builders in the said process cast doubts on the
             independence and integrity in the decision-making process;
             56.2. Identification of slum dwellers : This involves a complicated process
             of proof of such a status, the attendant problem of groupism, giving rise to
             competing claims inevitably leading to litigation;
             56.3. Selection of a developer : The Act leaves this decision to the
             cooperative society of slum dwellers and the majority decision is
             manipulated by competing and rival developers;
             56.4. Apportionment of the slum land between redevelopment area and
             sale area : This is yet another area where court has witnessed developers
             seeking to increase the proportion of the sale area, leading to contestation;
             56.5. Obligation to provide transit accommodation for the slum dwellers
             pending redevelopment : Invariably, we see instances where the developer
             does not provide transit accommodation within time or provides an
             inadequate alternative in the form of a quantified amount towards rent. On
             the other hand, there are instances where some slum dwellers refuse to
             vacate the premises on the ground that the transit accommodation is either
             inconvenient or the amount offered is insufficient;
             56.6. There are also issues of lack of independence and objectivity in the
             functioning of statutory authorities : This is a matter of serious concern.
             Courts have witnesses that the authorities have no independence and, their
             tenure is also short. Additionally, the functioning of these statutory
             authorities gives an indication that there could be a regulatory capture;
             56.7. Another concern which exists is about the effectiveness of statutory
             remedies : Statutory remedies are ineffective and at the same time, lacking
             in accountability; and
             56.8. Judicial review proceedings under Article 226 cannot be a long-
             term solution : We have given details of the number of writ petitions
             pending before the High Court in paras 52 to 54.

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             57.     The abovereferred problems arising out of the statutory scheme and
             policy framework should have come under review by the State of
             Maharashtra. Assessment of the working of the statute to realise if its
             purpose and objective is achieved or not is the implied duty of the executive
             government. Reviewing and assessing the implementation of a statute is an
             integral part of Rule of Law. It is in recognition of this obligation of the
             executive government that the constitutional courts have directed
             Governments to carry performance audit of statutes.
             ……….
             64.      A peculiar feature of how our legislative system works is that an
             overwhelming majority of legislations are introduced and carried through
             by the Government, with very few private member bills being introduced
             and debated. In such circumstances, the judicial role does encompass, in this
             Court's understanding, the power, nay the duty to direct the executive
             branch to review the working of statutes and audit the statutory impact. It is
             not possible to exhaustively enlist the circumstances and standards that will
             trigger such a judicial direction. One can only state that this direction must
             be predicated on a finding that the statute has through demonstrable
             judicial data or other cogent material failed to ameliorate the conditions of
             the beneficiaries. The courts will also do well, to arrive the very least, at a
             prima facie finding that much statutory schemes and procedures are
             gridlocked in bureaucratic or judicial quagmires that impede or delay
             statutory objectives. This facilitative role the judiciary compels audit of the
             legislation, promote debate and discussion but does not and cannot compel
             legislative reforms.
             65.      In light of the foregoing, considering that the Act is a State
             legislation, implementation of which lies with the State of Maharashtra, and
             till date no comprehensive statutory audit has been undertaken, we request
             the learned Chief Justice of the Bombay High Court to constitute a Bench
             to initiate suo motu proceedings for reviewing the working of the statute to
             identify the cause of the problems indicated in para 56. The Bench
             concerned will hear the Government, the statutory authorities, the
             necessary stakeholders including intended beneficiaries and perhaps take
             the assistance of some senior members of the Bar specialising in this area as
             Amici Curiae. We leave it to the High Court to devise such methods as it
             deems fit and appropriate.
             66.    Having examined the matter, the Bench may consider directing the
             Government to constitute a committee for performance audit of the Act.
             The court's jurisdiction extends only to that extent, and no further. The law-
             making, including amendments, is the exclusive domain of the legislature.”

C.           The Present Proceedings:

30.          On the aforesaid orders of the Supreme Court, the present Bench was

constituted. The first hearing of the present proceedings was held on 16 August

2024, when, after broadly discussing the issues, the Court appointed Mr. Darius

Khambata and Mr. Sharan Jagtiani, learned senior advocates, as also Ms. Naira

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Jeejeebhoy, advocate, as the Amici Curiae.          By a further order dated 20

September 2024, we also appointed a nodal advocate, Mr. Samit Shukla, to

coordinate in respect of the pleadings to be filed by all stakeholders.           By

subsequent orders, all the stakeholders were permitted to file their respective

applications/affidavits to place before the Court their perspectives on the issues.

Although, the members of this Bench were sitting in different assignments, we

heard the respective counsel extensively various dates of the listing of the present

proceedings.


D.           SUBMISSIONS:-

Submissions on behalf of Simpreet Singh, Hussain Indorewala, Ghar Haqq
Sangharsh Samiti, Ms. Medha Patkar and Ms. Amita Bhide, Dean, School of
Habitat Studies, Tata Institute of Social Sciences (TISS): (Ms. Gayatri Singh,
learned senior counsel)

31.          Ms. Gayatri Singh on behalf of these parties has made extensive

submissions. She has divided her submissions into two parts.


32.          Firstly, Ms. Singh would focus on the issue of Identification and

Declaration of Slum Lands, Identification of Slum Dwellers, Transit

Accommodation for Project Affected Persons (“PAPs”) being the core issues as

identified by the Supreme Court in Yash Developers (supra). Ms. Singh would, in

the first part of her submissions, refers to various International Treaties and

Conventions. She has also referred to case studies from Countries like South

Africa and the United Nations. She has made detailed submissions on ‘Right to

Life’ being a fundamental right guaranteed under Article 21 of the Constitution,

as also the positive role of the State to provide affordable housing.

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33.           Ms. Singh has also relied on the decision of the Delhi High Court in

Sudama Singh vs. Government of Delhi18, to highlight the deprivation of Human

Rights caused by forced eviction, which must be carried out after following due

process of law. She would also refer to the decision in Ajay Maken vs. Union of

India19 where the Delhi High Court referring to the decision of Sudama Singh

(supra) held that forced eviction of settlement dwellers is illegal if carried out

without due compliance with the principles of natural justice to include adequate

notice and the duty of the State to ensure adequate rehabilitation plans are in

place.

34.           Ms. Singh on the second leg of her contentions encompassing some of the

core issues as identified by the Supreme Court in Yash Developers (supra), has

also relied upon the affidavits submitted by the aforementioned slum dwellers,

which are placed on record before this Court. Her submissions are summarized as

under:-


Issue No.I :- Identification and Declaration of Land as Slum Land.

(a)           In this context, she would refer to paragraph 33 of the decision of the

Supreme Court in Yash Developers (Supra) read with the Slum Act, which

envisages different levels of state intervention. This would include declaration of

slum areas; protection of occupiers from eviction; improvement of work in slum

areas; land acquisition and Slum Redevelopment.

18           2010 SCC OnLine Del 612


19           2019 SCC OnLine 7618




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(b)          Despite efforts, only a fraction of the housing required for the slum

population has been constructed with over 12 lakh units needed, but fewer than

3 lakh units constructed in the past 25 years. Despite the initial intention of the

SRA to rehabilitate 800,000 families, progress has been slow as data from the

SRA indicates that only a fraction of families have been rehabilitated under the

scheme, reflecting a significant gap between the need and the actual rehabilitation

outcome.

Ms. Singh has made the following suggestions:-

              (i)   As stipulated under Section 4 of the Slum Act, all the declared

                    “Slum Areas” must be considered collectively irrespective whether

                    they are or they are not a part of the slum rehabilitation scheme.

                    Such declared ‘Slum Areas’ must be considered and reserved

                    exclusively for low-income housing.

              (ii) Non-declaration of slum land blocks improvement of living

                    conditions, as no action can be taken until the redevelopment is

                    approved. In areas like Govandi and Mankhurd, in Mumbai, where

                    the real estate prices are low, it would be necessary to incentivize

                    disinterested developers with increased FSI.

              (iii) The Slum Act should be implemented to include minimum

                    standards of living conditions through provision of civic amenities

                    i.e. water, electricity, drainage, access to streetlights, sewer lines to be

                    implemented in a time-bound manner, in the interest of the slum

                    dwellers.


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              (iv) The slum dwellers be conferred with option of voluntary in-situ

                  rehabilitation by providing two alternatives i.e. redevelopment

                  through a voluntary organisation, or developer or redevelopment

                  through a public authority i.e. SRA or MHADA.


Issue No.II: Identification of Slum Dwellers:-

             Ms. Singh would, in this regard refer to the Afzalpurkar Committee

Report, which declared the objective of the Slum Rehabilitation Scheme to usher

in better health, a cleaner environment, renewed self-respect for people and last

but not the least social justice for the downtrodden. There is no independent

body entrusted with the task of monitoring, evaluating or reviewing the slum

rehabilitation scheme. Thus, an independent body is quintessential to conduct

periodic and relevant studies which can be considered by the SRA for

implementation. Ms. Singh would make the following suggestions:-

              (A) The procedure for conducting the General Body Meeting for

                   the appointment of developer must strictly follow the State

                   Government Resolution dated 4 July 2019.

              (B) The eligibility of slum dwellers is to be determined based on

                   the date of survey. Individuals residing after the year 2000

                   may be considered for housing under alternate schemes such

                   Pradhan Mantri Awas Yojana or Adarsh Colony Scheme to

                   offer housing either at construction cost or through rental

                   basis.



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              (C) Once the scheme is notified, the society is formed and

                   eligibility is determined, the slum dwellers may initiate the

                   process of appointing a developer or undertaking the

                   rehabilitation themselves as per prescribed procedure. The

                   guidelines prescribed under Section 79(A) of the Co-operative

                   Societies Act can be enforced for the redevelopment of slum

                   areas.

              (D) The actual FSI plus TDR granted to developer for a slum

                   rehabilitation scheme should be based on some profit capping.

                   FSI of 1.5, for instance, would be adequate for rehabilitation.

              (E) For redevelopment schemes, in respect of both alternatives i.e.

                   slum areas or low income housing areas should remain under

                   the ownership of a public authority or a community land

                   reserved, exclusively for the purpose of low income housing. If

                   the slum is on private land the ownership ought to be

                   transferred to such public authority.

              (F) As suggested in the Afzalpurkar Committee Report a

                   comprehensive review of the Slum Rehabilitation Scheme

                   should be seriously undertaken after 10 years of its formation,

                   to evaluate both physical as well as socio-economic outcomes

                   of the scheme.

Issue V - Transit Accommodation – Project Affected Persons Scheme (PAPs) read
with Issue VIII i.e. Miscellaneous Issues.

             Ms. Singh in this regard, would refer to clause 3.11 of Regulation 33 (10)

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of DCPR – 2034 which deals with Project Affected Persons (PAPs) and

essentially permits involuntary relocation of protected slum residents. The PAPs

fall under Appendix – IV of DCPR 33(10) of 2034. In the above context, after

flagging certain issues concerning the scheme relating to PAPs, Ms. Singh has

made the following suggestions:-

             (A) For slum areas where in-situ rehabilitation cannot be undertaken due

                  to the site being in an uninhabitable areas or being required for

                  development of essential public infrastructure, the State Government

                  ought to take guidance in preparing a resettlement policy based on

                  World Bank’s Operational Directives 4.0. This provides guidelines as

                  to how rehabilitation process can be planned and managed.

             (B) The resettlement sites are to be located within the same ward or

                  within two kilometres of the slum area being cleared. The relocation

                  sites may not be situated on polluted land or in immediate proximity

                  to pollution sources that threaten the physical and mental health of

                  the inhabitants.

             (C) For the existing PAP tenements, all planning/development authorities

                  ought to submit data on the number of tenements built and allotted

                  thus far, vacant tenements in their possession, location of the

                  tenements, condition of the tenements i.e. usable/unusable, usable

                  after repairs, number of tenements required by each authority for

                  various projects, etc. Such information to be made publicly available

                  and accessible on the Corporation’s website.


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             (D) Until residents are transferred to permanent tenements, the

                  MMRDA/Planning Authority to be held responsible for maintaining

                  the building and for providing necessary facilities. In this regard, the

                  URDPFI guidelines should be followed with regard to open spaces,

                  pre-primary and primary schools, health centres and other amenities.

                  The MCGM to take initiatives to redevelop slums located on its own

                  land and construct PAP tenements on the excess land to address the

                  significant shortfall in the availability of PAP tenements.

             (E) MHADA to play a proactive role in the creation of affordable housing

                  on its land which could be used for creation of rehabilitation homes

                  for current dwellers, as also for affordable housing.


Submissions on behalf of Indira Nagar Slum, Prakash Kumbhar and Ekta CHS
Association by Mr. Mihir Desai, Senior Advocate:

35.            Mr. Desai in the course of his arguments by placing reliance on the

affidavits of the above-mentioned parties, followed by detailed written

submissions has delved into aspects such as achieving the goal of a Slum-free

Mumbai, the dire need to empower the statutory authorities in enforcing the

provisions of the Slum Act to meet such objective, issues relating to illegal

eviction and demolitions under Sections 33 and 38 of the Slums Act. He has also

taken the Court through certain suggestions inter alia touching upon

independent monitoring and reviewing of the Slum Act, the reason for not

having the SRA to be the sole repository/body undertaking redevelopment

works.


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36.           Mr. Desai, at the threshold, would submit that the core objective behind

the Slum Act is the improvement, clearance and redevelopment of slum areas

including protection of occupiers from eviction and distress warrants. The 1996

Amendment, based on the Afzalpurkar Committee recommendations introduced

Chapter I – A for Slum Rehabilitation Schemes, drifting away from merely

declaring slum areas for improvement works so as to help actualize the larger goal

of transforming Mumbai into ‘Slum Free’ city. Mr. Desai would emphasize that

lack of affordable housing forces incoming migrant populations into informal

settlements causing slums to proliferate faster than their redevelopment. He

would then stress upon the legal duty/obligation of the authorities to improve

slums. In this context, he has referred to several provisions, inter alia, section

61AA, 61D, 63(a), 354B and 354C of the MCGM Act, 1888, read with section

5A of the Slum Act.


37.           Mr. Desai would then make the following suggestions in support of his

submissions, which are as follows :-


             (a)   He would urge that the Apex Grievance Redressal Committee

                   (AGRC) and Grievance Redressal Committee (GRC) are

                   composed     of   serving     bureaucrats   who    have    diverse

                   responsibilities however, due to absence of judicial mind these

                   statutory bodies are not able to function and perform in the

                   manner required to subserve the avowed objective of a slum free

                   city. He refers to the decisions of this Court in Jijabhai Dashrath



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                   Shinde vs. State of Maharashtra20 and Aslam Hasimali Shaikh vs.

                   State of Maharashtra21 wherein this Court expressed shock and

                   displeasure that thousands of cases were pending as the AGRC

                   sat only once a week and also condemned the practice of giving

                   slum dwellers only 7 days notice to vacate, as also the alarming

                   situation of its unavailability for urgent matters, forcing citizens

                   to rush to Constitutional Courts. In this regard, he would submit

                   that the composition of AGRC should be revised to include a

                   retired Judicial Officer of the rank of a District Judge. The

                   jurisdiction over Appeals should be vested in a Single, full-time

                   dedicated Appellate Authority to ensure timely justice, which is

                   the need of the hour.

             (b)   Suggestions    were      made      regarding   following   mandatory

                   procedural safeguards before initiation of eviction proceedings

                   under Sections 33 and 38 of the Slum Act. This would include a

                   mechanism to ensure strict compliance with the principles of

                   natural justice. This is to ensure that the eviction notices are

                   properly served to the concerned slum dwellers well in advance

                   and critical documents such as notice register, demolition register

                   should be available upon request, to the slum dwellers.

             (c)   Mr. Desai would urge that the SRA is already overburdened. In

                   such view of the matter, both MHADA and MCGM on whose
20. Writ Petition (L) No. 5671 of 2024
21 Writ Petition No.5600 of 2019


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                   land rehabilitation schemes are announced should carry out the

                   slum rehabilitation schemes independently.

             (d) Mr. Desai would stress on independent monitoring and periodic

                   review of the Slum Act. This should embrace the aspect of

                   reviewing progress and offer recommendations aimed at

                   achieving good quality, affordable and accessible housing to all

                   income groups by a body of independent and interdisciplinary

                   group of individuals tasked with such functions.

             (e)   Lastly, he would refer to the judgment of this Court in

                   Lokhandwala Infrastructure Pvt. Ltd. vs. State of Maharashtra 22.

                   This is to emphasize that the Court held that the execution of the

                   Slum Rehabilitation Scheme is inherently laden with a public

                   character. The authorities exercising power under the Slum Act

                   ought to ensure that the scheme is not misused and is utilized to

                   subserve public purposes which is not trammeled by private

                   contractual arrangements/agreements.


Submissions on behalf of Nivara Hakk Suraksha Samiti – Intervenor:- (Mr.
Navroz Seervai, Senior Advocate

38.           Nivara Hakk Suraksha Samiti” is stated to be a public charitable trust

registered under the Bombay Public Trust Act, 1950, which is stated to be an

organization founded in 1981that stands for people’s right to housing and right

to a life and dignity.
22      2011 (3) Mh.L.J. 469




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39.          Mr. Seervai has addressed the Court, more particularly, on the specific

issue of apportionment of slum land between the “redevelopment area” and the

“sale area”. In such context, Mr. Seervai has taken us through the various issues

related to such apportionment, along with the adverse health, social and

environmental impact of the rehab buildings on their occupants. He has also

focused on the conditions prevailing in such buildings, poor environmental

conditions, poor maintenance, lack of amenities and fire safety as well as the need

for open spaces for holistic developments of such rehab buildings, and suggested

proposed measures which would assist in mitigating such problems and arriving

at a feasible solution.


40.          Mr. Seervai would at the threshold submit that 50% of the city’s

population i.e. about 7 million people live in congested slums which occupy 14%

of the total developable area of 268 sq. kilometres. Under the slum rehabilitation

schemes led by builders/developers the slum dwellers are rehabilitated in 1/4th to

1/3rd of the land area (constituting 5% of the city’s developable land area),

thereby increasing the congestion to three-fold. Also, the density of the buildings

has serious human and environmental consequences. The balance 3/4th to 2/3rd

land area is capitalized for high cost real estate development, turning the scheme

to a slum land grab game, the rehabilitation of the slum dwellers being incidental.


41.          Mr. Seervai would refer to paragraph 34 of the decision of Supreme Court

in Yash Developers(supra) to submit that the arbitrary trend of land

apportionment, in the absence of policy guidelines by the SRA is the root cause

of a host of problems. In most instances, the land apportionment for rehab and

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sale is on a 1:4 to 1:3 basis whereas, the FSI share as per the policy is equal i.e. 1:1

in the city area and 1:0.75 in the suburbs for rehab and sale components. As a

result, the tenement and population density for rehab and sales is 3:1. Slum on an

average have tenement density of 300-350 tenements per hectare (based on

population as per 2011 census). This figure is arrived at on the basis of slum

occupied land in Mumbai being 3000 hectares and having a population of

approximately 50 lakh i.e. 10 lakh slum tenements, thereby making the slums

overcrowded and congested.


42.          Typically, in SRA projects, the rehab buildings are segregated on 25% to

30% of the total slum land. The remaining 75% to 70% of the slum land is

apportioned towards the free sale component. Since the prevailing tenement

density in rehab areas is on an average 1200 to 1300 tenements per hectare, the

density of population inhabiting such tenements would be 6000 to 6500 persons

per hectare. According to Mr. Seervai, such a situation has occurred inter alia,

because there are no statutory regulations for apportionment of land between

rehab areas and the free sale component and there is no prescribed maximum

tenement density for rehab buildings in slum projects.


43.          Mr. Seervai would next submit that since a much smaller land area than

what would ordinarily be required is apportioned to rehab buildings, it would

result in the following:-


             (a)   Rehabilitation buildings are constructed as high rise towers

                   sometimes having 15-20-30 storeys. Because of the large



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                   number of tenements these buildings have a very high

                   tenement density leading to overcrowding.

             (b)   There is a mere paltry 6 metre distance prescribed between two

                   rehab buildings. Moreover, even thereafter, developers are given

                   concessions and relaxations in relation to open spaces that are

                   provided for rehab buildings.

             (c)   Barely any open spaces are provided to rehab buildings which

                   do not comply with the minimum requirements stipulated by

                   the DCPR 2034 for other non-SRA buildings in the city.

                   Hence, the manner in which the rehab buildings are planned,

                   designed and then constructed has caused significant misery

                   forcing the slum dwellers being tightly packed in a virtually

                   uninhabitable manner, in the smallest possible section – in

                   about 25% to 30% of the land area that they occupied prior to

                   the implementation of the project.


44.          Mr. Seervai has painstakingly urged the adverse health conditions of the

occupants in the rehab buildings; relying on a research paper published online

dated 16 March 2020 where scholars have in a systematic manner explained the

nexus between the poor planning of the rehab buildings in slum projects and the

burden of tuberculosis faced by the occupants of these buildings. The study was

undertaken on the basis of a survey conducted in respect of three resettlement

colonies i.e. (Lallubhai Compound, Natwar Parekh Compound and PMG

Colony, Mumbai). The research paper is entitled “Association between

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architectural parameters and burden of tuberculosis in three resettlement colonies

of M-East Ward, Mumbai”23. This delves into the issue of land apportionment as

it links the various medical and health problems faced by the occupants of the

rehab buildings in slum project to lack of natural ventilation and light.


45.          Mr. Seervai has elaborated on the precarious condition of women residing

in the slums. He would submit that the utter lack of privacy in rehab building

puts women at high risk from abuse. Poorly lit and maintained common passages

and staircases in rehab buildings, where lifts do not often work, contribute to

women being unsafe and insecure, leading to serious privacy issues for the

women.


46.          Mr. Seervai would then refer to the poor environmental conditions, more

particularly, lack of ventilation/air circulation. This contributes to a difficult and

unhealthy environment for the occupants of rehabs buildings. He would then

refer to the aspect of the poor maintenance of such rehab buildings. In this

context, he would illustratively state that a deposit of Rs.20,000/- per family

(now raised to Rs.40,000/- per family) made by the developer to the SRA, which

is transferred to the rehab society is wholly inadequate for the high maintenance

overheads, making it difficult for the occupants, especially the aged and

handicapped to reach their homes on upper floors.


47.          Mr. Seervai has highlighted that small rehabilitation areas having a high

population density, ought to have access to amenities such as markets,
23.      Pardeshi, P., Jadhav, B., Singh, R., Kapoor, N., Bardhan, R., Jana, A., … Roy, N. (2020).
Association between architectural parameters and burden of tuberculosis in three resettlement colonies of
M-East Ward, Mumbai, India. Cities & Health, 4(3), 303–320. https://doi.org/10.1080/

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playgrounds, etc. which are completely missing. In fact, even in instances where

there are plans for such amenities, the same are not provided and instead such

spaces are infested with hawkers. It is because of the relaxation on requirements

of minimum open spaces that the occupants, specially children, who grow up in

such rehab buildings are deprived of the basic minimum space for their social

development.


48.          Mr. Seervai then flags the issue of lack of fire safety, much less no fire

safety in the rehab buildings, which are constructed in a manner that makes it

impossible for a fire engine to enter in case of a fire. He has relied on some

photographs in this regard. This issue, as Mr. Seervai would submit is directly

linked with skewed land apportionment which requires urgent attention in the

context of a performance audit.


49.          Mr. Seervai would submit that the root cause behind the problem of

unscientific and inequitable apportionment of slum land between rehab and free

sale area is attributable to the ambiguity and lack of clarity in the extant statutory

framework. In this regard, he would refer to Regulation 3.12(A) of Regulation

33(10) of DCPR 2034 which prescribes a minimum tenement density of 650

tenements per net hectare. According to Mr. Seervai, there is ex-facie

discrimination in the Regulations considering that Regulation 30 prescribes a

maximum tenement density of 450 per hectare where the FSI is 1. The real

outcome of the DCPR 2034 does not stipulate any maximum tenement density,

which has led to rehab buildings having unacceptable high tenement density in



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the range of 1200 to 1300 and above. Further, referring to Sub-regulations 3.14

to 3.16 of Regulation 33(10) read with Sub-sections (4) and (5) of Section 15A of

the Slum Act. Mr. Seervai would submit that it is the conscious legislative

omission to not prescribe any criteria for the basis of apportionment which has

led to discriminatory apportionment of slum land to the free sale area and

consequent deprivation of the rehab area. Mr. Seervai, in the context of

Regulation 33(10), Sub-regulation (6) has highlighted on various relaxations

prescribed in relation to construction of buildings and other requirements in the

rehab area, which augments the problem in this regard. Thus, he would submit

that the net effect of the present statutory regime brings with it unsustainable

consequence of there being no FSI limit for rehab components/ buildings which

is in the teeth of the provisions of the MRTP Act read with the DCPR 2034, as

also Article 21 of the Constitution of India.


50.           In the above backdrop, Mr. Seervai has made the following suggestions:-

             (a)   Firstly, there ought to be a maximum density cap as opposed to a

                   minimum as provided under the extant statutory framework. It is

                   proposed that a maximum density for rehab be fixed at 600

                   tenements per hectare. This would be consistent with the

                   maximum density of 450 t/ha as specified in the DCPR 2034 for

                   general housing projects.

             (b)   As regards the inadequate amenities/lack of basic amenities in the

                   rehab areas, it is proposed that the standards specified in the

                   DCPR 2034 and Town Planning Schemes, based on

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                   development area in population, for any other development be

                   implemented in slum redevelopment projects.

             (c)   The Slums TDR also ought to be utilized in slum redevelopment

                   contrary to the prevalent practice of utilizing it in any other

                   project. It is proposed that TDR sale and purchase be restricted

                   for use in other slum redevelopment projects to maintain

                   uniform density across various slum pockets that are currently

                   unequal. There is a suggestion that the SRA could operate a Slum

                   TDR Bank for ease of TDR encashment, sale and regulate its

                   pricing.

             (d) It is proposed that the practice of concessions and premiums

                   granted under the discretionary power of the CEO- SRA should

                   be immediately stopped, so as to facilitate in alienating the vexed

                   issue of apportionment, as discussed above.


Submissions on behalf of NGO Alliance for Governance and Renewal (NAGAR)
in IA(L) 28730/2024 (Ms. Gulnar Mistry, Advocate)


51.           The Applicant is a society registered under the Societies Registration Act,

1860 and a public charitable trust under the Maharashtra Public Trust Act, 1950,

established in the year 2000.              It is stated to be working in the areas of

preservation of public open spaces, solid waste management, improvement in air

quality, preservation of water bodies, beaches, mangroves, built and natural

heritage features, efficient road space management, and water conservation.




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52.          Ms. Gulnar Mistry, on behalf of these Applicants, would rely on I. A. No.

2409 of 2025 to support the applicant’s case.              She has made suggestions

pertaining to the first of the seven issues flagged by the Supreme Court in

paragraph 34 of its judgment in Yash Developers (Supra). The first issue brought

forth by the Supreme Court is “i) Identification and declaration of land as a slum.

This problem involves an examination of the role of authorities in giving such

recognition, insidious intervention of builders in the said process casts doubts on

the independence and integrity in the decision-making process;”.


53.          Ms. Mistry, addressing the Court on issues pertaining to identification of

slums on open spaces would submit that slums have encroached upon open

spaces and, under the existing policy, in situ rehabilitation of such slums areas is

being undertaken. The current process for identifying slums does not distinguish

between slums on regular land and those encroaching on reserved public open

spaces. Ms. Mistry further submits that this failure exacerbates overcrowding at

the local level and in the city at large, because areas that are designated for

recreational use are diverted and no longer remain available, including to slum

dwellers who live in cramped quarters and for whom this civic amenity is even

more important.


54.          Ms. Mistry would urge that open space reservations are seen as essential

public amenities, and can neither be encroached upon nor diverted for other uses.

She places reliance on the law laid down by the Supreme Court in Olga Tellis v.




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Bombay Municipal Corporation24, (para 57 page 589), MCGM V. Hiraman

Deorukhar & Ors.25 (para 7 to 9, 12 at page 419- 420) to affirm the same.


55.          Ms. Mistry further places reliance on the observations of the Supreme

Court in Lal Bahadur Vs. State of Uttar Pradesh & Ors 26, (para’s 14-16 at pages

415 to 417, para’s 24, 26 at page 427) wherein, it was held that altering the use of

green belts for residential use violates the public trust doctrine and Bangalore

Medical Trust Vs. B.S. Mudappa & Ors. 27 (para 24 page 75) which held that

open spaces for recreation are amenities of great public concern and vital interest

to be preserved in a development scheme.


56.          Ms. Mistry would further draw the Court’s attention to this Court’s

decision in NAGAR Vs. State of Maharashtra28, which observes that the Court is

deeply aware of the serious shortage of open spaces in the city of Mumbai, as the

data presented, sourced from official surveys and civic reports clearly

demonstrates. Ms. Mistry further states that the per capita open space available in

Mumbai is much lower than international and even national planning standards,

and highlights that 35% open space is a minimum requirement, not an average or

flexible figure and observes that if any project manages to retain more than 35%

through better planning, it should be appreciated and encouraged.



24. (1985)3 SCC 545
25. (2019)14 SCC 411
26. (2018) 15 SCC 407
27. 1991 4 SCC 54
28 (Writ Petition No. 1152 of 2002)



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57.          Ms. Mistry further highlights that through this Court’s decision in

NAGAR V. State of Maharashtra (supra) that the State Government has been

directed to undertake a “comprehensive policy review” of Regulation 17 (3)(D)

(2) within a period of 24 months, including an evaluation of whether the 35:65

ratio serves the goal of sustainable development. Additionally, it has been

directed that if necessary, the state shall frame revised regulations ensuring a

higher retention of open space, enhanced civic safeguards and exclusion of fresh

encroachments from rehabilitation benefits.


58.          In the above backdrop, Ms. Mistry has made the following two-fold

suggestions:-


             (a) Allowing the amalgamation of slum rehab projects on open lands

                 with other slum schemes in the same ward which are not on open

                 spaces, and allow the utilization of FSI/ TDR from the area of

                 open space designation with the view of incentivizing the clearing

                 and maintenance of open spaces by all;

             (b) To treat public open spaces on par with vital public projects under

                 clauses 1.3- 1.4 and 3.11 of DCR 33 (10).


59.          Ms. Mistry further underscores that SRA has suggested that it is

considering a “cluster redevelopment approach” to slums as measure to free up

amenity space by shifting a slum on one plot onto another plot and undertaking a

joint/cluster redevelopment. This would further safeguard the amount of open or

designated reservations to which such a cluster redevelopment scheme applied



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would be retained as is and not be reduced and the open space should be

preserved and retained in a continuous manner, so as to allow for larger public

open spaces.


60.          Ms. Mistry further highlights that slum rehabilitation projects have been

implemented without reducing open spaces, she refers to a time when this Court

had stayed a 1992 notification that allowed 67% of land for rehabilitation and

sale while retaining 33% for open spaces. Around 45 Acres of open spaces were

preserved by adjusting adjoining lands. However, the measure was limited to

contiguous plots, restricting its wider application.


61.          In the above backdrop, Ms. Mistry would suggest on prioritizing public

spaces on par with public projects and providing incentives for clearing and

maintaining open spaces via different methods like amalgamation of slum rehab

projects on open lands with other slum schemes.

Submissions on behalf of Mr. Vinay Hule and Mr. Ramesh Makhija in
IA(L)/28730 of 2024 (Mr. Akash Rebello, Advocate)

62.          Mr. Akash Rebello, learned counsel for the above Applicant/Intervenor in

the course of his submissions has placed reliance on the affidavit filed by these

applicants which states that the Applicants i.e. Mr. Hule is a member of one Om

Siddhivinayak (SRA) CHS and is a slum dweller, whereas the other Applicant Mr.

Makhija, is the owner of a factory premises which has been designated as a slum

area.

63.          Mr. Rebello on behalf of these Applicants has advanced contentions along

with suggestions on four main issues viz. :-

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                (i) Identification of slum dwellers;
                (ii) Selection of developers;
                (iii) Provisions relating to transit rent;
                iv) Effectiveness of statutory remedies;

64.          On the first and second issues, Mr. Rebello would submit that they are

closely intertwined and interconnected. The identification of slum dwellers and

the appointment of the developer is the first step in the rehabilitation process.

Accordingly, if the slum dwellers who are beneficiaries of the scheme are not

properly identified, it would lead to various challenges and protracted litigation

which would in turn affect the entire slum rehabilitation scheme. In this context,

Mr. Rebello would refer to the judgment of this Court in Awdesh Tiwari and Ors.

vs. Chief Executive Officer, SRA and Ors .29. This is to submit that this Court in

the said decision observed that the unregulated process particularly when there

are instances of overlapping slum schemes, which are rival societies, leads to

unhealthy competition by rival developers, which often results in delay to the

scheme.

65.          Mr. Rebello would submit that there are circulars of 15 February 2008, 02

February 2015 and 23 April 2024 which apply after the appointment of a

developer and at the stage of acceptance of the slum rehabilitation scheme.

However, for the first stage of appointment of a developer by the slum dwellers

there is no circular or process to regulate the same.


66.          Addressing the above issues, Mr. Rebello would submit that the SRA

ought to devise a mechanism to regulate the process and get involved much prior

29 2006(4) Mh.L.J. 282



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to the submission of the proposal by the developer so as to mitigate the

challenges referred to above.


67.           Mr. Rebello addressing the Court on the provisions relating to transit rent

would submit that the circulars of the SRA have, to a large extent, dealt with the

issue of non-payment of transit rent. However, experience reveals that SRA has

passed orders refusing to compute such transit rent, which have more often than

not been set aside by the High Court. This leads to an anomalous situation

where, even at the interim stage, there is a long drawn process to determine what

the transit rent is. Often it involves appeals and compels the slum dwellers to run

from pillar to post to get such rent even after vacating their premises.


68.           It is urged in such context, that while the slum dweller and the developer

may be free to agree upon a higher rent, at the very least, the basic rent must be

ascertained/fixed. This would avoid a situation where disputes arise as to the

quantum of such rent payable to a slum dweller which is prolonged and not

decided over long period of time. However, if a base rent is fixed, at least that

amount can be paid to the slum dweller pending final adjudication.


69.           On the issue of effectiveness of statutory remedies, Mr. Rebello has

referred to the decision of this Court in Tulsiwadi Navnirman CHS vs. State of

Maharashtra30. The Court in the said case observed that in a situation where

disputes of a technical nature could be sorted out and disposed of before the


30           2007 SCC OnLine Bom 1000




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Committee, which would lessen the burden on the High Courts in exercise of

their jurisdiction. In this regard, Mr. Rebello would strenuously urge that it is the

absence of a legal mind on the part of the AGRC that leads to remand of its

orders, ultimately causing inordinate delay.


70.          Mr. Rebello would in the above backdrop suggest that to ensure

transparency in the process, it would be just and expedient that the AGRC is

chaired by a retired High Court Judge. This would reduce the burden of this

Court in deciding matters and examining the issue of application of mind by the

AGRC, when petitions are filed in this Court, challenging such decisions.


Submissions on behalf of Late Mr. Shirish Patel, Urban Planner: (Mr. Shiraz
Rustomjee , Senior Advocate)

71.          Mr. Shiraz Rustomjee learned Senior Counsel, has represented this

Applicant who passed away during the pendency of this proceeding on 20

December, 2024. He is now represented by Justice Gautam Patel (Retd.). His

son and one of the legal heir have sought to intervene on his behalf, vide IA

dated 28 January 2025. The late applicant was a public-spirited person, having a

distinguished and exemplary record of working in the areas of urban planning,

public spaces, and housing including having personally designed the Kemp’s

Corner Flyover in Mumbai in 1965. The applicant is desirous of placing before

this Court his views and suggestions to assist in its endeavour to review the

working and effectiveness of the Slum Act.


72.          Mr. Rustomjee, at the very outset, would refer to the decision of the



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Supreme Court in Yash Developers (supra) dated 30 July 2024 and more

particularly paragraphs 32 to 42 thereof, wherein the Supreme Court has made

observations regarding the issues in the working of the Slum Act and the need for

“reviewing” the Slum Act to identify the cause of the problems indicated inter alia

in paragraph 34. The said para reads thus :-

               “34. The exasperation of the High Court about working of the Act is
               understandable. The present appeal is a classic example of why the High Court’s
               concern is genuine. It has been noticed that the statutory scheme is problematic
               with respect to: i) Identification and declaration of land as a slum. This problem
               involves an examination of the role of authorities in giving such recognition,
               insidious intervention of builders in the said process cast doubts on the
               independence and integrity in the decision-making process; ii) Identification of
               slum dwellers: This involves a complicated process of proof of such a status, the
               attendant problem of groupism, giving rise to competing claims inevitably
               leading to litigation; iii) Selection of a developer: The Act leaves this decision to
               the cooperative society of slum dwellers and the majority decision is
               manipulated by competing and rival developers; iv) Apportionment of the slum
               land between redevelopment area and sale area: This is yet another area where
               court has witnessed developers seeking to increase the proportion of the sale
               area, leading to contestation; v) Obligation to provide transit accommodation for
               the slum dwellers pending redevelopment: Invariably, we see instances where
               the developer does not provide transit accommodation within time or provides
               an inadequate alternative in the form of a quantified amount towards rent, On
               the other hand, there are instances where some slum dwellers refuse to vacate the
               premises on the ground that the transit accommodation is either inconvenient or
               the amount offered is insufficient; vi) There are also issues of lack of
               independence and objectivity in the functioning of statutory authorities: This is
               a matter of serious concern. Courts have witnesses that the authorities have no
               independence and, their tenure is also short. Additionally, the functioning of
               these statutory authorities gives an indication that there could be a regulatory
               capture; vii) Another concern which exists is about the effectiveness of statutory
               remedies: Statutory remedies are ineffective and at the same time, lacking in
               accountability and vii) Judicial review proceedings under Art. 226 cannot be a
               long-term solution: We have given details of the number of writ petitions
               pending before the High Court in Para 33 .”


73.          In the above backdrop, Mr. Rustomjee has made the following

suggestions:-

             (i)     The primary step should be to disregard the notion that a poor

             family should be provided with “free housing” as it lives in an urban area,

             highlighting that everyone should pay for their own house, construction

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             cost. Hence, subsidies, housing loans may be made available for the same.

             Furthermore, for families who cannot afford EMIs for the construction

             cost, housing should be provided on “leave and licence” basis by the SRA.

             (ii)    Mr. Rustomjee would refer to the Afzulpurkar Report, wherein he

             would stress upon the importance of availability of finance at economical

             rates which would include viable schemes for facilitating alternate housing

             in favour of notified slum dwellers. He would in this context highlight the

             importance of this constitutional imperative, which is imminent so as to

             address the issues under the Slum Act, as far as rehabilitation of the slum

             dwellers is concerned.


             (iii)   The ownership of land must be separated from ownership of the

             structure standing on it. On selling his premises, the occupant may recover

             his cost of construction and the same should be done at the prevailing

             market rates, less any appropriate amount for the deterioration of the

             construction. The occupant should not be allowed to claim any

             appreciation of the land value, emphasizing that owner of the structure

             should be permitted to sell it only to owner of the land, as the appreciation

             belongs to the owner of the land. This should be done at prevailing

             construction cost less adjustment for deterioration.

             (iv)    The government should part ways with the idea of monetizing the

             value of the land that has been kept aside for the sale component. Instead,

             such land should be used to provide the rehab building with proper light

             and ventilation, and amenities such as health-care clinics, public toilets,

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             pocket parks, etc., that are accessible within a walking distance.

             (v)     Where the land is owned by the government, such ownership be

             transferred to a Community Land Reserve (CLR) which is similar to Forest

             Reserves and Wildlife Reserves, where land is reserved for specific

             purpose. The said CLRs will be required to keep their land for exclusive

             use for low-income housing, barring sale of such land and any charge for

             its use must not exceed maintenance costs. The CLRs should be non-

             profit companies under the Section 8 of the Companies Act, 2013 and the

             hallmark of these should be that of achieving the utmost transparency,

             with the specified style of management, as set out in their Memoranda and

             Articles of Association.

             (vi)    The National Building Code, 2016, (NBC 2016) (Part 3, Section

             C-2.4.2) specifies 500 dwelling units per hectare (du/ha) as the maximum

             density on a plot for 15 sq. metre apartments in four storey walk-ups. The

             NBC 2016 does not specify which amenities have to be within a walking

             distance of the 500 du/ha as an essential aspect of the housing

             construction.

             (vii)   The essential amenities to be provided on site must be first defined

             for the size of the population to be rehabilitated on that site and under no

             account should the same be compromised. Adequate natural light and

             ventilation, particularly to the lower floors, and the space between

             buildings for facades that have windows shall not be compromised. In this

             regard, NBC 2016 (Part 3, Section 8) which provides for clear guidelines,


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             must be adhered to.

             (viii) If the conditions spelt out above in regard to adequate social

             amenities, density, light and ventilation are not feasible, then in such case

             some families shall be relocated to adjacent vacant land or in neighboring

             redevelopment sites that are less over-crowded.


74.          Mr. Rustomjee underscores the importance of quality construction lasting

more than 100 years, stating that regardless of the hurdles/ obstacles and the

pressures, acceptable living conditions should not be compromised at any cost.

In this context, he would lay emphasis on the fundamental rights guaranteed

under Article 21 of the Constitution.

Submissions on behalf of Nagardas Dharsi Bhuta Charities (land owner) (Mr.
Rajiv Kumar, Senior Advocate)


75.          Mr. Rajiv Kumar, learned Senior Counsel has represented the applicants.

Reliance is placed on the Affidavit of one Mr. Kamlesh Jaysukhlal Bhuta.


76.          At the outset, Mr. Rajiv Kumar would state that the Applicant is a trust

having ownership of land which is notified as a slum area. The applicant-Trust

had filed proposals/ schemes to develop and rehabilitate its land hence this

applicant is aware of the functions and challenges that crop up in relation to

redevelopment of slums.

77.          Mr. Rajiv Kumar, at the outset would referring to the judgment dated

20th September 2024, of the Supreme Court in Yash Developers (Supra) and

highlight the issues framed therein, as also to the decision(s) of a co-ordinate



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bench of this court in Indian Cork Mills (supra) and Bishop John Rodrigues vs.

State of Maharashtra (supra) to submit that the Court has recognised a

preferential right is conferred on the owner to undertake redevelopment under

the provisions of Section 3B (4)(e) and Section 13(1) and (2) of the Slum Act.

His contentions is to the effect that while recognising such right it must be given

realistic effect to enable a landowner to develop its own land in a bona fide

manner, in interest of all stakeholders.


78.          Mr. Rajiv Kumar, outlines the process of redevelopment to be followed by

a landowner upon the land being declared as a slum rehabilitation area under

Section 3(C)(1) of the Slums Act. His concern is that after spending atleast 6 to

12 months and incurring large scale expenses, the landowner is expected to get

consent of 51% of slum dwellers. In such context, it is submitted that, the

landowner is exposed to unforeseen obstacles such as: slum dwellers begin to

assert rights superior to those of the actual landowners by forming proposed co-

operative housing societies and appointing their own developers to seek approval

for redevelopment under the Slum Rehabilitation Scheme. These societies are

often influenced or supported by undisclosed third parties who later emerge as

developers. As a result, genuine landowners frequently find themselves entangled

in frivolous and vexatious litigation initiated by slum dwellers or such hidden

agencies. Consequently, despite having invested substantial time and money,

landowners may ultimately find their proposals rejected at the Letter of Intent

(LOI) stage.


79.          Mr. Rajiv Kumar further highlights that in the situations as described

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above, there have been large scale encroachments on private lands, followed by

long drawn litigation, which ultimately leads to the failure of Slum Rehabilitation

Schemes. As per the Slum Rehabilitation Authority's (SRA) slum cluster list of

2015, up to 35,67,12,299 sq. ft. of land in Mumbai is slum encroached as per

reports available on the internet, 15,76,87,200 sq. ft. of this is private land.


80.          Mr. Rajiv Kumar expresses concern with regard to circular No. 144 dated

31st August 2013, Circular No. 144A dated 9 th November 2015, and Section

13(1) of the Slum Act. He submits that it is the consent of slum dwellers which

acts as a stumbling block to several SRA projects.


81.          Mr. Kumar would urge that upon the SRA declaring a particular property

as a slum under Section 3 (C)(1), the landowner is given an opportunity to justify

why the said land ought not to be acquired. In responding to any acquisition

notice, the landowner may show his inclination to rehabilitate and redevelop the

said property. However, the land owner is not kept informed about any decision

that the SRA and/or the State Government takes on such hearing/cause shown by

the owners of the land.           It is only when the notice is published that the

landowner becomes aware that the land has been acquired. There is an absence of

transparency in the manner in which the acquisition process is undertaken, which

leads to further litigation and delays the process of redevelopment of slums

properties.


82.          Mr. Rajiv Kumar underscores that the Slum Act is a beneficial legislation

with provisions meant to ameliorate the poor condition of slum dwellers, who


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should not be jettisoned only on technical grounds or procedural infirmities.

These should not be given undue importance once the Statutory Authorities

have performed their task. He further submits that the Slum Act is used as a land

grabbing tool by third party developers at the behest of societies, which ought to

be stopped/ nipped in the bud.

Submissions on behalf of Skycon Infrastructure, Private Landowner (Mr. Kirti
Munshi, Senior Advocate)

83.          Mr. Kirti Munshi, learned Senior Counsel, has appeared on behalf of

Skycon Infrastructure, private landowner.             He has placed reliance on the

contentions of the applicant as raised in the affidavit dated 18 September 2024.


84.          Mr. Munshi at the outset submits the issue of the compensation received

by private slum owners for their private land being acquired is inexplicably low.

He has drawn the Court’s attention to the statutory provisions and the First

Schedule of the Slum Act that governs the procedure for the computation of

compensation payable to private land owners. It is submitted that there is no

uniformity between the compensation which is payable under various statues

wherein the private landowner is deprived of his land for a public purpose and

the compensation payable under the Slum Act is not commensurate with the

other acts, but in fact substantially lower than even the compensation which is

awarded under other acts to private landowners for being deprived of their

private land.


85.          To highlight such aspects, Mr. Munshi has presented before the court

computation of compensation under other acts, such as Right to Fair

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compensation Act, 2013, National Highways Act, 1956, Maharashtra Regional

Towns Planning Act, 1966, Development Control Promotion Regulation

(DCPR) 2034 Mumbai, Unified Development Control Promotion Regulation

(UDCPR), 2020, Maharashtra Industrial Development Corporation, 1961,

Maharashtra Housing Area Development Act, 1976. Mr. Munshi then would

emphasize that the new legislations are either guided by the principles of Right to

Fair Compensation Act, 2013, which contemplates market value or comparable

sales instances or the new DCPR 2034 and the UDPCR 2020 which

contemplate compensating the landowner in the form of incentives which if

monetized would be of greater value than even what would be awarded to a

landowner under the Right to Fair Compensation Act, 2013.


86.          Mr. Munshi places a hypothetical illustration of a comparative calculation

of compensation on the basis of various statutory provisions noted above in

respect of the above landowner’s plot of land, in order to illustratively

demonstrate the disparity in compensation which would have been awarded in

respect of his plot under the various acts mentioned above. After perusing the

above comparative chart, the compensation awarded under the Slum Act is found

to be abysmally lower than the compensation awarded to the landowner for the

same plot if the land was acquired under other acts.


87.          Thus, Mr. Munshi submits that not awarding the private landowner a

realistic compensation, would amount to penalizing the private landowners for

the inability and lack of will on the part of the state machinery to protect private

land from being unauthorizedly encroached or the inability to remove such

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encroachments.


88.          Mr. Munshi has referred to the Circular No. 167 dated 30 th December,

2015, which mandates that once certified Annexure – II is received and 70%

consent of eligible slum dwellers is verified and granted to the developer/society,

the scheme shall not be stopped due to pending litigation over title or

development rights unless specific injunction is issued by a competent court of

law. It is submitted that individuals approach Civil Courts or other authorities to

obtain interim or ad-interim orders staying Slum Rehabilitation Scheme (SRS)

implementation and certain plaints ingeniously drafted to set up a case of fraud of

some nature to invoke the assistance of these for a to delay the implementation of

the SRS.


89.          Mr. Munshi would urge on the issue of interference by the Civil Courts

despite statutory provisions creating a bar/ouster of jurisdiction under Section 42

of the Slum Act as well the Section 149 of the MRTP Act, where the Civil Courts

are debarred from exercising jurisdiction in respect of matters mentioned therein.

It is observed that despite the bar/ouster of jurisdiction of the Civil Courts in

respect of a certain category of disputes, there is interference by the Civil Courts

in various slum redevelopment projects which has resulted in inordinate delays

being caused for the implementation of these projects.


90.          In the aforesaid context, reliance is placed on a decision of this Court in

M/S Patel Construction v. Himasnhu Dwarkadas Ruparelia and others 31 (First

31. 2025 SCC OnLine Bom 2175


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Appeal No. 27 of 2014 by a unreported judgment dated 7 th May 2025), wherein

a private landowner’s 2005 Slum Rehabilitation Scheme was stalled for more

than seventeen years by Civil Court’s injunction. Despite no fraud, the status quo

orders persisted, thereby highlighting the plight of the private landowners which

is occasioned by due to a lackadaisical adherence to the mandate of Section 42 of

the Slum Act and Section 149 of MRTP Act.


91.           Mr. Munshi, further submits that there is now judicial recognition of the

preferential right which a landowner has to redevelop his own property in the

scheme of the Slum Act. He submits that this position has been given due

recognition in the judgment of a Division Bench of this Court in the case of

Indian Cork Mills (supra) and subsequently Bishop John Rodriques v. State of

Maharashtra (Supra). Both the said decisions have been now upheld by the

Supreme Court vide judgments dated 22 August 2025, respectively.


92.           Mr. Munshi urges that in order to avoid any conflict in the smooth

functioning of the redevelopment in respect of private lands, it is necessary to

clarify that since the preferential right of the private landowner to redevelop his

own property has legal sanction, that, ispo facto, would entail curtailing of rights

which the society of slum dwellers or occupants presently exercise.


93.           Further, Mr. Munshi places reliance on the Application of late

Intervenor/Applicant, Mr. Shirish Patel, to endorses twofold reform:


             (i)    To separate ownership of land from structure, limiting occupants to

             possession rights only and the owner should be permitted to sell the


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             structure only to the owner of the land at prevailing construction cost less

             adjustment for deterioration.

             (ii)    On selling one’s premises, the occupant may recover only his cost

             of construction at prevailing market rates less any appropriate amount for

             deterioration of the construction.


94.           In order to curb the above issues, Mr. Munshi makes the following two

fold suggestion:


             (i)     There should be clear and explicit, succinct guidelines either to be

             notified by the SRA/ State or the Court in terms of a judicial

             pronouncement, in order to act as an impediment to the smooth

             implementation of Slum Rehab Schemes and should be followed by all

             Courts and fora in the State of Maharashtra.

             (ii)    In a genuine case, if the Civil court or any fora under the Slum Act

             does grant an injunction order, then there must be a provision whereby

             there is finality accorded to that interim order within a specified stipulated

             period which cannot be extended, so that any such actions which are filed

             merely with a view to procrastinate do not achieve the objective of delaying

             the implementation of Slum Rehab Schemes for unduly long.

             (iii)   That the body/society of slum dwellers/occupants should not have

             a say in the appointment of a developer, if the private landowner is desirous

             of undertaking the redevelopment of his own land by himself, either,

             directly or indirectly.


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Submissions on behalf of NAREDCO West Foundation (Dr. Milind Sathe)

95.           Dr. Milind Sathe, learned Senior Counsel and Mr. Khandeparkar, learned

Counsel have advanced submissions on behalf of NAREDCO West Foundation,

which is stated to be an apex national body for the real estate industry.


96.           The learned counsel have, at the outset, highlighted the problems and

issues faced by the developers who are forced to pay retrospective rents to newly

eligible occupants, adversely impacting the cash flow of the project. It is because

of the delay in deciding the eligibility that becomes a ground for opposing

eviction by the slum dwellers, thereby causing delay in implementation of the

project. In this context, they would urge that such problems are further

aggravated at the level of the AGRC which is not able to hold regular sittings

causing significant delays. There are no timelines for certifying the eligibility of

slum dwellers or deciding appeals, which adds to the delay. The learned counsel

have relied on the affidavit filed by NAREDCO West Foundation and have made

the following suggestions:-


             (i)   The SRA should entrust development projects to the developers

                   depending upon their past experience as well as success in

                   implementation of projects of similar size. Some basic criteria ought to

                   be formulated to bid for slum scheme depending upon the size of the

                   slum, built up area, project cost and density in terms of clause 3.1.2 (a)

                   of the DCPR.

             (ii) Only such developers ought to be selected to be permitted who have


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                   completed such projects of similar scale and minimum net worth of

                   the developer also to be duly considered.

             (iii) There should be no further extension in the cut-off for the eligibility

                   of slum dwellers over and above that which is statutorily provided.

             (iv) SRA ought to adopt a digitized platform like that of MCGM for

                   sanctioning proposals for redevelopment including establishing

                   procedure for a single window clearance.

             (v)   With regard to the vexed issue of apportionment of slum land between

                   rehabilitation area and sale area, there is no statutory formula or

                   percentage stipulated for bifurcation of land and area between the

                   rehab and sale area under the Slum Act. Any fixed ratio of

                   apportionment will create inflexibility in making the slum

                   rehabilitation scheme further unviable. To overcome this and the

                   situations where the developer has to provide buildable reservations

                   and shifting of reservations under Regulation 17(3)(d) of the DCPR

                   2034 read with regulation 9 of the DCPR, freedom of planning is the

                   need of the hour to ensure smooth implementation of slum projects.

             (vi) Notice under Section 13(1) of the Slum Act must be issued within a

                   prescribed timeline for the landowners to act within such time frame,

                   failing which acquisition proceedings can be initiated against the

                   landowners who is causing hurdles against implementation of the

                   slum schemes.

             (vii) Certification of Annexure - II ought to be completed by the


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                   competent authority in a time-bound manner.

             (viii) Appeals under Section 35 of the Slum Act should be decided in a

                   time-bound    manner.     SRA         must   endeavour   to     implement

                   eviction/demolition within three months from passing an order under

                   Section 33 and 38 of the Slum Act.

             (i)   A comprehensive policy may be formulated between the Central

                   Government and the State Government in areas declared as slums or

                   slum rehabilitation area, along with SOPs in the context of grant of

                   consent by the State Government and its instrumentalities under

                   clause 2.8 of Regulation 33(10) of DCPR 2034. This provides for

                   NOC for building permission within 60 days after intimation of such

                   approval to the project is communicated by the instrumentality of the

                   State Government such as MCGM or MHADA.


Submissions on behalf of CREDAI-MCHI (Mr. Shardul Singh, Advocate)

97.           Mr. Shardul Singh appearing for CREDAI–MCHI (Confederation of Real

Estate Developers Association of India – Mumbai) has addressed the Court on

the following aspects by placing reliance on an affidavit dated 30 September

2024 submitted by CREDAI-MCHI and made certain suggestions which are

summarized as under:-


              Mr. Singh would submit that eligibility disputes are one of the largest

causes of delay. This is because Annexure – II is issued after prolonged scrutiny,

is amended repeatedly, and is often misused. Ghost entries and multiple

entitlements persist due to absence of cross verification. In this regard Mr. Singh

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would urge that Annexure – II should be issued only by SRA Deputy Collectors

using the GIS/biometric Auto Annexure System integrated with Aadhar, Voter

Roll, and Utility Records. Such draft Annexure – II should be published online

within a fixed objection window (45 days + limited condonation), after which

eligibility must be frozen. No resurveys should be permitted.


98.          Mr. Singh has urged that despite Regulation 33(10) prescribing 60 days

for finalization of Annexure-II, this often exceeds 6 months to years, with

repeated amendments. Mr. Singh would suggest that Annexure-II must

exclusively rest with the SRA and Auto Annexure database should be relied upon

for seamless issuance.


99.          Mr. Singh has flagged the issue of a developer securing a General Body

Resolution without financial or technical scrutiny. He would submit that

speculative players procure consents, trade in FSI, and abandon project midway.

In this context, he would suggest that SRA to prescribe basic eligibility criteria for

developers undertaking slum schemes. Such criteria should consider past

experience of the developers, while prescribing the eligibility rules.


100.         Mr. Singh would then submit that rival societies on the same parcel/CTS

plot having splinter consent, triggering disputes or overlapping proposals and

since there are more than one developers/proposal, the fall-out is resultant

disputes which stalls the project. In this regard, Mr. Singh would suggest that a

Managing Committee should be appointed by a majority of not less than 51% of

the total population of the slum pocket, in the General Body Meeting, to be


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overseen by the SRA authority. SRA should blacklist such society members who

are          not   elected   in   the   General      Body   meeting   and   no    further

complaints/allegations should be entertained from such society.


101.          Mr. Singh would then refer to the issue of consent often being

uninformed, coerced or disputed. Slum dwellers face language and literacy

barriers. A slum scheme can be initiated by minimum 51% consent, to mean 49%

would dissent. He would in this regard suggest that the developers in the

presence of the SRA officers should give complete disclosure to ensure informed

consent, which should be AV recorded e-consent, with insertion of biometric

verification and cool-off period. No individual complaints should be entertained

unless it is signed/supported by 1/3rd slum dwellers out of the entire slum

dwellers, in the slum scheme.


102.          Mr. Singh would submit that appeal remains pending for years, as the

AGRC, GRC sit fortnightly, face quorum issues and are manned by

overburdened bureaucrats. In this regard, he would reiterate suggestions made

earlier of having a full-time tribunal with judicial members and a dedicated

registry. Mere filing of appeal ought not to operate as an automatic stay unless a

reasoned order is passed with conditions.

103.          Mr. Singh would then flag the issue of a small minority often stalling

projects despite 95% consent and rent being offered. Eviction under Section 33

read with 38 of the Slum Act are extremely slow. To alleviate such problem Mr.

Singh would suggest that errant slum dwellers should face deferral of Permanent

Alternate Accommodation Agreements and the SRA should be held responsible

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for undertaking the eviction.


104.         Mr. Singh would then submit that developers are compelled to pay

outstanding water and electricity dues of slum dwellers before granting

permission to the developers, which runs contrary to clause 1.13 of DCPR in

Regulation 33(10). Such dues according to Mr. Singh ought to be treated as

arrears recoverable from beneficiaries, post rehabilitation. Auto Annexure Data

could be used for cross-verification.


105.         Mr. Singh has drawn this Court’s attention to relocation of religious

structures within schemes which presently requires approvals from different

department like Home, Urban Development, Police Department, causing 6 to 12

period delay. To mitigate this Mr. Singh has suggested that lawful religious

structures within slum rehabilitation schemes ought to be treated like

rehabilitation structures. There could be a single window clearance by the SRA

instead of going to multiple authorities to obviate the delays.


106.         Mr. Singh has flagged another issue of rehabilitation building not being

properly managed, funds not used judiciously an infrastructure charges diverted.

In this regard Mr. Singh has proposed certain suggestions as below ;-


              a)   A portion of infrastructure charges must be ring-fenced for

                   rehabilitation upkeep and the corpus funds, must be audited

                   periodically.

              b)   Once the slum dwellers are handed over possession of the

                   respective units the onus of maintenance of the building


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                   should be with the slum society itself.

              c)   The infrastructure charges collected under Regulation 33(10)-

                   clause 9.2 from the developers should be utilized solely for

                   maintenance of rehab buildings, specifically the charges

                   collected on the rehab built up area for maintaining such rehab

                   buildings.

              d)   To address the issue of re-encroachment, it is suggested that re-

                   encroachers must be disqualified from being a part of any

                   scheme or future eligibility in any other scheme, for which the

                   State Government and SRA should frame stringent guidelines.

              e)   Environmental Clearance (EC) approvals are cumbersome

                   which delay the projects. It is suggested to establish a single

                   window cell with SOPs, stringent timelines and fast-track

                   clearances for slum schemes.


Submissions on behalf of Lakadawala Developers Pvt. Ltd. in IA/3024 of 2024
(Mr. Pravin Samdani, Senior Advocate)


107.         Mr. Pravin Samdani, learned Senior Counsel has appeared for the above

Applicant/Intervenor and advanced submissions on their behalf. Firstly, as

background of the applicant, Mr. Samdani would state that the Applicant is a

company registered under the Companies Act engaged in the development of

real estate projects in Mumbai, having vast experience in rehabilitation schemes.

Mr. Samdani would refer to and rely on the Interim Application which is on

record, in the course of his submissions.

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108.         The Applicant is undertaking a slum rehabilitation scheme on lands

situate in Goregaon (West) and Malad (West), Mumbai the details of which are

set out in IA, admeasuring 4417.96 sq. meters (approx.). In this regard, SRA

issued a Letter of Intent dated 11 April 2022 in favour of the Applicant to carry

out a slum rehabilitation scheme on the said land. It is during the course of the

said slum rehabilitation scheme that the SRA issued Circular No. 210 dated 1

August 2023. Mr. Samdani, placing reliance on the said circular would contend

that vide the said circular, the housing department Government of Maharashtra

has inter alia directed the SRA to ensure that the developers shall deposit two

years’ advance rent and post-dated cheques for rent of one year. Also, that the

Executive Engineer/SRA shall process the proposal of the developer for issuance

of LOI only upon the deposit of advance rent by the developer. The

Commencement Certificate for sale the component shall be issued in proportion

to the amount deposited by the developer.


109.         Mr. Samdani would submit that the circular is to be applied retrospectively

by the SRA. It imposes unreasonable conditions on the developers which would

render most of the slums schemes unviable, resulting in horizontal and vertical

expansion of slums. Mr. Samdani, in this context, would submit that unless the

slum is vacated within a specific and definite time period from the date of

deposit, the project will become unviable.


110.         Mr. Samdani would refer to the judgment of the Supreme Court in Yash

Developers (supra), more particularly, paragraph 56(v) of the said decision. He

would contend that the first portion of the said paragraph which deals with the

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obligation to provide transit accommodation to slum dwellers pending

redevelopment is something that has been covered by the said Circular No.210

(supra). However, the second portion of paragraph 56(v) of the said decision

which deals with the refusal of the slum dwellers to vacate has not been

addressed.


111.          In the above backdrop, Mr. Samdani makes the following suggestions:-


             (a)   There ought to be some definite timeline/time period within

                   which the slum is vacated from the date of deposit of rent as

                   prescribed in Circular No.210 dated 1 August 2023, failing which

                   the project will be rendered unviable. This is also necessary to

                   facilitate swift implementation of the slum rehabilitation scheme.

             (b)   When the developer/s comply with the provisions and mandate of

                   the said circular dated 1 August 2023 and deposit of rent in

                   compliance thereof, there ought to be some safeguards in place so

                   that the developer/s are reasonably secured. Further, the SRA

                   ought to provide some incentives in terms of issuing the

                   Commencement Certificate and/or other permissions qua the sale

                   component in slum rehab schemes, in a timely manner. Revised

                   Letters of Intent may be issued whereby these conditions or

                   safeguards are included so as to balance and protect the interest of

                   developers, as well.

             (c)   The SRA ought to devise a mechanism to deal with the issue of

                   reluctance on part of the slum dwellers to vacate the premises on

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                 the ground that the transit accommodation is either inconvenient

                 or the amount offered is insufficient. This is to facilitate speedy

                 and effective clearance of a site where such a scheme is

                 undertaken and to ensure due compliance with the second part of

                 paragraph 56(v) of the decision in Yash Developers (supra). In

                 this regard, the plea of inheritable tenancy which is often raised,

                 ought to be done away with, to make sure that the slum rehab

                 schemes are implemented in an effective and timely manner and

                 taken to its logical conclusion.


Submissions on behalf of Shree Azad SRA CHS. Ltd. (Mr. Altaf Khan,
Advocate:

112.         Mr. Altaf Khan, learned counsel has made submissions on behalf of Shree

Azad SRA CHS Ltd. (Society). Mr. Khan submits that there are several glaring

deficiencies in the existing framework of SRA, which have led to persistent

delays, disputes, and hardships to the stakeholders, including slum dwellers and

developers.


113.         The Court’s attention is drawn to various issues faced by the slum dwellers

and developers which, according to the applicant, are not being addressed under

the existing mechanism of the SRA. It is submitted that the scheme does not

prescribe the uniform method for fixation of transit rent to be paid to slum

dwellers, leaving the matter entirely to the developers resulting in disputes, and

multiplicity of litigation before SRA and this court.



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114.         It is next submitted that there are drawbacks in quality control and

accountability mechanisms, post-construction of rehabilitation buildings. Poor

construction quality, absence of technical audits, and lack of maintenance

oversight threaten to convert vertical slums into future hazards.


115.         Also the existing process of formation of societies and appointment of

developers is largely developer-driven. The initial Special General Body Meetings

(SGBMs) are frequently organized and influenced by developers themselves,

often without the supervision of SRA officers allowing manipulation of records

and consent forms.


116.         On the issue regarding the qualification of the developers, it is submitted

that, developers with inadequate financial capacity or experience are often

appointed for large scale projects without genuine verification of their solvency or

expertise.


117.         Mr. Khan further emphasizes on the issue of protection and rehabilitation

of slum dwellers. He further submits that, the actual occupier of dwelling

structures, in existence on or prior to 1 January 1995 were protected and were

entitled for rehabilitation/relocation. Mr. Khan has placed reliance on decision of

this Court in the case of Janhit Manch Vs. State of Maharashtra (supra) in which

it was held that the cut of date 01.01.1995 shall not be extended further, although

this remained only on paper.


118.         According to Mr. Khan the grievance redressal mechanism under the SRA

Act including the Apex Grievance Redressal Committee (AGRC) and Grievance


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Redressal Committee (GRC) is currently ineffective. The Committees assemble

on an average 12 to 13 times a year resulting in huge backlog of cases and urgent

matters are not listed promptly, resulting in pendency and multiplicity of

litigation.


119.         It is next submitted that the construction and planning of rehab buildings

and that rehab buildings are not constructed in time, for instance in some cases

the delay exceeds 20 years. Slum Act and DC Regulation are silent on the equal

distribution of the plot between the rehab component and the sale component,

which confers an advantage to the developer for using major/larger portion of the

land for his sale component, which is not in the larger public interest.


120.         It is submitted that, under the original DCR, 1991 there was no provision

for parking with respect to Rehab Buildings in the Reg – 33(10). The Slum

Rehabilitation Scheme having residential entitlement of carpet area 20.90 sq.

metre, was introduced in DCR, 1991 vide amendment dated 12/08/2009

wherein one parking space for every eight tenements having carpet area up to 36

sq. metre each was provided. The Court’s attention is drawn to SRA Circular no.

104 (no. SRA/ENG/7313/Gen) dated 10/11/2009 to submit that, the said

circular prescribing parking guidelines lacks the backing of law and runs contrary

to the intent of the delegated legislation. Mr. Khan further submits that, the

existing model of parking provision under DCPR, 2034 has widened the socio-

economic gap and has failed to meet future needs of slum dwellers who are

potential vehicle owners.



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121.          In the above backdrop, Mr. Khan has made the following suggestions:-


             a.   A Special General Body Meeting for the implementation of the

                  slum rehabilitation scheme should be called by the slum dwellers

                  for the appointment of the developer. In the event that SRA fails

                  to appoint a developer by the tender process, the society on basis

                  of the Special General Body Meeting should immediately

                  communicate to the SRA. The SRA shall then scrutinize the

                  tenders and call for a Special General Body Meeting in presence

                  of an authorized officer who shall explain the S.R. Scheme to the

                  slum dwellers and further appoint a developer on basis of

                  majority decision as, per extant laws.

             b.   To fix the minimum transit rent based on location and other

                  factors in consultation with stakeholders, minimum 5%, with a

                  year wise increase to be implemented strictly and such condition

                  should be recorded in LOI. The registered Tri-partite Agreement

                  between the Developer, the Society and the Slum Dwellers

                  should be executed at the time of appointment of developer.

             c.   At least four dedicated SRA officers should handle rent and

                  lottery issues to ensure timely disposal of complaints. Any

                  complaint/grievance of rent should be decided on priority and if

                  any default is found on part of Developer it should be followed

                  with ‘Stop Work Notice’. Interest of 12% per annum should be

                  made payable on delayed payment of transit rent and that


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                  expeditious adjudication of applications of transit rent within a

                  time bound manner, preferably within 30 days.

             d.   A squad team consisting of three officers must be formed for

                  quality assessment of construction. Such team must also grant

                  quality    certificates.     Upon      confirmation   of   low    quality

                  construction, the developers / builders must be held accountable

                  and compensation must be paid to either to SRA for Rehab

                  Building or to Society.

             e.   The eligibility criteria of the developer shall be only those who

                  have had a minimum experience in the field of redevelopment

                  for 3 years having a financial capacity that is verified by the SRA.

                  Developers should be prohibited from entering into any Joint

                  Venture without the prior approval of the SRA and the society.

             f.   Retired High Court judges should chair the AGRC and retired

                  District Court judges the GRC. Regular sittings and hybrid

                  hearings should be ensured. A digital dashboard should be

                  created to display the pending and disposed of cases.

             g.   SRA shall ensure an equal 50% - 50% distribution of land

                  between the rehab and sale components.

             h.   Developer shall deposit a corpus fund, share fungible FSI

                  benefits equally between rehab and sale portions, and execute

                  leases or deemed conveyances before issuance of occupation

                  certificates.


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             i.      Before eviction, SRA shall ensure payment of 22 months of

                     advance transit rent in addition to 11 months post-dated cheques

                     to those eligible and 11 months rent to non-eligible slum

                     dwellers.


Submissions of learned amici :-

122.              Mr. Khambata, along with Mr. Sharan Jagtiani, learned senior counsel, and

Ms. Naira Jeejeebhoy, learned counsel appointed as amici, have taken strenuous

efforts to present the issues before the Court in an appropriate perspective, in the

light of what has been held by the Supreme Court in Yash Developers (supra).


123.              At the outset, Mr. Khambata, relying on the decision of the Supreme

Court in Yash Developers (supra) as also the decisions in Galaxy Enterprises

(supra), Indian Cork Mills Pvt. Ltd. (supra), Bishop John Rodrigues (supra),

Saldanha Real Estate Pvt. Ltd. (supra), Tarabai Nagar Cooperative Housing

Society (supra), State of Maharashtra vs. Shri Mahadev Pandharinath Dhole

(supra) and Jilani Building at Bhiwandi vs. Bhiwandi Nizampur Municipal

Corporation and Ors.(supra), submitted that in all these decisions, the Court has

expressed multitudes of concerns in regard to the implementation of the Slums

Act and the lacunaes, which are required to be redressed by the State

Government. Mr. Khambata’s concern would be although the Slums Act was

envisaged as legislation providing ad-hoc solutions to ad-hoc problems, as

observed in State of Maharashtra vs. Shri Mahadev Pandharinath Dhole (supra),

however, the dream as envisaged in the said decision as far remained to be

fulfilled. It is submitted that there are several issues concerning the classification

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of slums and the effective and efficient management of their rehabilitation.

Although the expansion of large slum areas could be restricted, they have now

reached alarming proportions. Mr. Khambata has placed on record suggestions in

a tabular form identifying specific issues, the causes of such problems, the

relevant statutory framework/guidelines or decisions, the proposed measure/

solution and whether such solution would require amendment by legislature. In

such event, the question arises as to what proposals may be made to address

legislative flaws and what the views of the Slum Rehabilitation Authority (SRA)

are on these issues. At the outset, it may be noted that the following specific

issues/problems have been identified:-


             i.      Suggestions on identification and declaration of land as slum;

             ii.     suggestions for identification of slum dwellers;

             iii.    Suggestion for selection of developers;

             iv.     Suggestions    for      apportionment     of   slum   land   between
             redevelopment and sale area;

             v.      Suggestions regarding obligation to provide transit accommodation
             to the Slum dwellers pending redevelopment.

             vi.     Suggestions regarding lack of independence and objectivity in
             functioning of statutory authorities;

             vii.    Suggestions regarding effectiveness of statutory remedies;
             viii.   Suggestions pertaining to miscellaneous issues.”


124.         In relation to the aforesaid issues, Mr. Khambata has also submitted, in

tabular form, the causes of the problems, the relevant existing statutory sections,

regulations, rules, circulars, guidelines and/or judgments, proposed measure/

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solution, whether proposed measure/solution requires amendment of law by

legislature, proposal for legislative reforms and the comments on views and

suggestions of the SRA. We must appreciate that the information, as placed on

record in tabular form ought not to be disturbed in any manner, as it gives a

complete view of such issues and the valuable suggestions made on the proposed

course of action. We are, therefore, of the opinion that the suggestions should

form part of this judgment.


              Suggestions:

125.          The following are the suggestions as made by the learned amici:-

             “I.   DECLARATION OF SLUMS AND RIGHTS OF LANDOWNERS


              A.    Balancing of Rights of owner with that of reasonable public

              housing for slum dwellers:

              1.    No ownership rights to slum dwellers: Suggestion to form a

              ‘community land reserve’ may be adopted32 with a few modifications as

              suggested herein. Ownership rights need not be transferred to slum

              dwellers. Allotment can be permanent but should not translate to

              ownership. The DCPR provisions conferring ownership rights on

              hutment dwellers in rehab tenements should be amended.

              2.    Housing arrangements: Identified slum dwellers should be given

              housing in rehab tenements for the duration while working in the City

              either free (for protected occupants) or on rent (for other cases). Any non

32 Pg. 393, Annexure A, Item 8, Affidavit on behalf of Shirish Bhailal Patel, Compilation of Affidavits
-1.

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             protected occupants should be made to contribute financially for alternate

             accommodation as envisaged by the Maharashtra Slum Act.

             3.     Succession rights: After death of original occupants, heirs should be

             entitled to continue subject to payment of rent at similar rates as non-

             protected occupants.

             4.     Reversion mechanism: If slum dwellers or their heirs wish to give

             up the tenement, it should be transferred back to the community land

             reserve.

             5.     Implementation: These provisions should be implemented by way

             of Rules under Section 46 of the Maharashtra Slum Act and through

             amendments to DCPR.

             B.     Private Lands - Protecting Landowner Rights33:

             To make Section 13(1) of the Maharashtra Slum Act meaningful, the

             following suggestions are made:

             6.     Specific notice to private landowner: The current scheme of

             publishing a stakeholder-wide notice must be modified to include specific

             notice furnished to the private land owner 34. The SRA policy of pasting a

             notice on site, publishing a notice in newspapers as per Circular No.198

             dated 26.04.2021 (Table I, Pg. 17, Sr. 13) ought to also continue.


33     Despite judicial recognition of landowners' preferential rights to redevelop slum-declared land,
there are repeated instances of improper acquisition without adequate notice under Section 13 of the
Maharashtra Slums Act. See section 3B(4)(c) and (e) and section 13(1) falling under Chapter I-A of the
Maharashtra Slums Act; See also Bishop John Rodrigues v State of Maharashtra, Writ Petition No. 1212
of 2022, the Court (G.S. Kulkarni & Jitendra Jain, JJ.) which cites Gulabdas Shah v. State of Maharashtra,
2011 (1) Mh. L. J, and Indian Cork Mills Pvt. Ltd v The State Of Maharashtra & Ors.,2018 SCC OnLine
Bom 1214. (Paras 84, 85, 97 and 130)


34 See recommendations of Nagardas Dharsi Bhuta Charities, Table VIII, Pg. 137, Sr. 7

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             7.    No Clubbing of Notices: There should not be any clubbing of the

             notice under Section 13 with that under Section 14 of the Maharashtra

             Slums Act or any deemed notice. In case Section 14 process has begun, it

             must be stayed until proper notice is given under Section 13 of the

             Maharashtra Slum Act.35

             8.    Standardized notice format: A standardized format of notice must

             be prescribed by the SRA and published on its website, including the date

             by which the owner's proposal should be submitted.

             9.    Commencement of 120-day period: The stipulated 120 day period

             must begin from proof of service given to the owner.

             10.   Title disputes: In case of title disputes, if the SRA cannot determine

             the real owner, the owner whose name is stated on the property card must

             be served with notice.

             11.   Priority of owner's rights: In case of competing claims, owner's

             right must be given priority over the right of occupants, unless the owner

             does not have any bona fide interest in redeveloping the land.36

             12.   Time-Bound Implementation: In the event that the owner, who has

             exercised his preferential right, does not adhere to the prescribed time

             frame, Section 13(2) should automatically follow, followed by the

             procedure prescribed under Sections 14 to 17 for acquisition of the land

             for a public purpose from the owner.


35 See Suggestions by Bright Ability and Awareness Foundation (T-1), page 109 of Consolidated Table
36 Therefore, the Court ought to consider the conduct of the landowner to assess the same. [see Deena
Pramod Baldota v State Of Maharashtra, 2022 SCC OnLine Bom 5102].

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             C.     Government-Owned Lands:

             In light of the public trust doctrine enumerating that Government lands

             are public resources held in trust by the State, it is suggested that:

             13.    Accountability and prevention of further encroachment: A list

             should be prepared marking free/open land as on date and State

             authorities should be held accountable for ensuring no encroachment

             takes place.

             14.    No veto power for occupants: In case of redevelopment on public

             land, no veto power should be given to occupants.

             15.    Transparent tendering: When private-public partnerships are

             resorted to, the government must adopt a fully transparent process by

             publishing public tenders.

             16.    Community housing stock: The State should benefit from the

             development potential of the land by having part of the redevelopment

             potential used to create community housing stock, over and above the

             rehabilitation of occupants.

             17.    Best deal for State: The tender should be awarded to a Developer

             who is not only technically and commercially sound but is able to provide

             the best deal for the State.

             18.    Community land reserve on public land: The DCPR may be

             amended to provide that even public land should be used for creation of a

             community land reserve instead of leasing the land to the Society of slum

             dwellers and reversion of tenements to the pool of public housing.


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             II. DELAYS AND AUTOMATIC TERMINATION PROVISIONS37


             19.    Mandatory Time-Bound Completion: All letters of intent and

             agreements must mandate timely stage-wise completion of slum

             rehabilitation schemes.

             20.    Automatic Application of Section 13(2): In the event of default in

             adhering to stipulated timelines (unless extended by court order), the SRA

             should take action under Section 13(2) as an absolute rule to substitute

             the developer. To leave room for some unforeseen circumstances, it would

             be open to the developer to approach the CEO, SRA to extend the

             relevant milestone after passing a reasoned order. However, such an

             application should only be entertained in case the CEO, SRA is

             approached prior to the deadline of the milestone.

             III.   DENSITY AND APPORTIONMENT38

             21.    Maximum Tenement Density39: DCPR 33(10) should be suitably

             amended to insert a maximum tenement density in keeping with

             sustainable development principles and to ensure rehabilitated slum

             dwellers are provided access to basic amenities. The regulation should

37     Despite statutory provisions and judicial precedents, delays in implementation of slum rehabilitation schemes
by owners and developers are not being adequately addressed. Of 578 applications received under Section 13(2), 372
remain pending. See Susme Builders Pvt Ltd v Chief Executive Officer, Slum Rehabilitation Authority (2018) 2 SCC
230, para 45; Galaxy Enterprises v State of Maharashtra – 2019 SCC Online Bom 897, para 60
38 This Hon’ble Court in State of Maharashtra v Shri Mahadeo Padnharinath Dhole AIR 1980 Bom 348, para 22
has held that the objective of the Maharashtra Slum Act “22...also is to provide to the slum dwellers at large certain
basic necessities such as water, sanitary arrangements, light etc” and rehabilitation in proper buildings. However, the
current scheme for redevelopment of slum areas does not achieve the avowed objective of rehabilitation of slum
dwellers in proper buildings. Notably, the proviso to Regulation 33(10)(6.15) and Regulation 33(10)(6.16) and (6.17)
enables relaxations in building requirements that may be provided by the CEO, SRA. The lack of apportionment of
FSI between the rehabilitation component and the free sale component, has enabled disproportionate apportionment
of slum land to the free sale area and consequent deprivation to the rehabilitation component.
39 The current framework does not achieve the objective of providing slum dwellers with proper buildings and
basic necessities. Regulation 33(10)(3.12A) only prescribes a minimum tenement density without prescribing a
maximum density, leading to heavy congestion. Rehabilitation tenements are often squeezed into 25 to 35 percent of
slum land in buildings hosting up to 6,000 to 6,500 tenements per hectare.

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             prescribe a maximum density in line with DCPR 30[B] and the National

             Building Code of India, 2016 rather than prescribing a minimum

             tenement density.

             22.    Building Safety Standards and Fire Protection: Slum rehabilitation

             schemes must enforce the safety measures prescribed by the National

             Building Code (NBC)40 The CEO SRA cannot be permitted to grant

             relaxations in building norms that compromise the safety of the rehab

             components41. Accordingly, it is suggested that:

             a.     No relaxations to the minimum distance of 6m between two rehab

             buildings under Regulation 33(10)(6.8) should be permitted

             b.     Fire protection requirements as per DCPR 47 should be

             mandatory.

             c.     Lighting and ventilation requirements provided under Regulation

             40 of the DCPR should be made mandatory to slum rehabilitation

             projects.

             d.     The open space requirement under Regulation 33(10) should be at

             par with the requirements under the DCPR as applicable to general

             building constructions42


40 The Supreme Court in Avinash Mehrotra v Union of India (2009) 6 SCC 398 applied Article 21 and 21A to
direct State Governments to ensure that all government and private schools were constructed according to the safety
norms incorporated in the NBC. This constitutional logic must extend with equal force to slum rehabilitation
housing.
41 The Supreme Court in Municipal Corporation of Greater Mumbai & Ors v Kohinoor CTNL Infrastructure
Company Pvt Ltd (2014) 4 SCC 538, has expressly found that relaxations in building permissions cannot be
permitted at the cost of providing the required public amenities and at the cost of safety to be afforded to inhabitants
of Mumbai.
42 The DCPR demands open space requirements of 15 to 25 percent depending upon the plot area.
However, Regulation 33(10)(6) reduces this requirement to 8 percent without any justification, which
may be further relaxed by the CEO SRA under Regulation 33(10)(6.17) .

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             e.     No relaxation should be granted where it adversely affects safety,

             fire safety and public safety, and planning norms established for safety

             cannot be compromised.

             f.     Any relaxations as to building constructions should be made only as

             per Clause 6.17 of DCPR 33(10), which are provided only to make the

             scheme feasible with reasons to be recorded in writing.

             23.    Apportionment of Land between Rehab and Sale Components:

             Specific norms for apportionment of FSI between the rehab component

             and sale component ought to be provided for 43:

             a.     Either a fixed ratio be provided for under the DCPR or the factors

             relevant for determination of this ratio be defined in either the

             Maharashtra Slum Act or DCPR 33(10).

             b.     The apportionment between rehab component and free sale

             component ought to be made in such a way that the rehab component

             complies with suggestions as to maximum density and non-waiver of basic

             amenities, fire safety etc.

             24.    Developer’s Entitlement – Conditional on Compliance: Under the

             Maharashtra Slum Act read with Regulation 33(10) of the DCPR, the

             developers' entitlement to FSI and the free sale component should be

             expressly recognized as conditional upon fulfillment of obligations to

             eligible slum dwellers. A failure to fulfill those obligations should be

             treated as a failure of consideration. Developers are a means to serve


43 See The Aflzarpurkar Report contained recommendations as to appointment at para 15.9 (pg.44 of
the Report)

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             public welfare purposes, not ends in themselves.

             25.    Adequate checks and balances to protect bona fide third party

             purchasers: Developers should be granted right to free sale area

             proportionate to the stage of completion of the project and should not be

             permitted to sell any part of the free sale area in excess thereof.


             III. IDENTIFICATION OF SLUM DWELLERS

             26.    Cut-Off Date Freeze44:

             a.     The cut-off date cannot be extended by way of a circular and

             should not be further extended.

             b. Instead of extending the cut-off date, a procedure providing for

             rehabilitation of non-protected occupants at nominal cost should be

             implemented.

             27.    Time-Bound & Streamlined Process for Annexure II45:

             a.     Time bound preparation: The procedure for preparation of Auto

             Annexure II should be initiated and completed at the stage of Section

             3(C)(1) itself by the SRA/Deputy Collector to enable simultaneous

             preparation at the time of declaration of land as slum area.

             b.     Time bound Appeals: A time period of 30 days should be

             prescribed for filing Appeals and these should be disposed of within 60

44 The cut off for giving status of protected occupier for a dwelling structure who will eventually be eligible for
rehabilitation was initially 1985 and was subsequently revised to 01.01.1995 and thereafter to 01.01.2000 and recently
to 01.01.2011 by the State government under the sub-regulation VIII (3.12) (C) of Regulation 33(10) of DCPR 2034.
The Afzulpulkar Committee Report categorically emphasized the need for freezing the cut-off date without any
extension (Chapter 2, Pg. 14-15 of Afzulpulkar Committee Report).
45 SRA vide its Circular No.217 dated 12th February 2024 directed all Competent Authorities to generate
Annexure II only by using Auto Annexure II application and further Deputy Collector / SRA / Engineering
Department of SRA shall not accept and act upon any manually prepared Annexure II. However, the aforesaid
Circular however does not provide for completion of issuance of Auto Annexure II in a time bound period.

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             days.

             c.      Mobile linking: Mobile numbers of slum dwellers should be linked

             to send draft and final Annexure II to them so they are aware of their

             eligibility status.

             d.      No undecided eligibility: In Annexure II, eligibility should not be

             kept undecided (sometimes kept pending for decades).

             e.      Spouse and occupants: Names of spouse (husband and wife) and all

             actual occupants should be mentioned in Annexure II.

             f.      Subsequent purchasers: Subsequent purchasers after issuance of

             Annexure II who have actually occupied/resided in slum structure should

             be considered for eligibility (as per G.R. dated 16.05.2015 and

             16.05.2018).

             g.      Professional management agency: SRA can appoint a professional

             agency to guide slum dwellers, and fees for the same can be partly

             recovered as scrutiny charges for eligibility.

             28.     Satellite survey of Slum Plots: should be done periodic, to prevent

             further encroachment. Subsequent purchaser after issuance of Ann – II

             who have actually ‘occupied / resided’ in slum structure, should be

             considered for eligibility.

             29.     Definition of "Dwelling Structure": The State government should

             clarify under the definition of "dwelling structure" u/s. 3X(a) of the Slum

             Act whether structures above ground floors are "dwelling structures" or

             not.


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             30.   Centralized Master List: Information should not only be

             centralized but consolidated into a Master List of beneficiaries that is

             publicly available like the Electoral Roll to help weed out duplications in

             different slum pockets and eliminate bogus slum dwellers from taking

             benefit under multiple schemes.

             31.   Biometrics and Identity Card:

             a.    Biometric survey for identification of number of exact slum

             dwellers of particular plot and integration of the same with central data

             base is required irrespective of the Authority preparing Annexure II.

             Disciplinary action should be initiated against the officer not following

             the law

             b.    After issuance of letter of Allotment to the slum dwellers, SRA

             should also issue ‘Identity Card’, to the allottee having photograph and

             biometric data of Husband, Wife and other family members of allottee.


             IV.   SELECTION OF DEVELOPERS


             32.   Constituting a Pre-Identified Panel of Developers: The Bombay

             High Court suggested replacing the existing scheme with a system of

             having a pre-identified panel of bona fide and reputed developers 46, which

             the SRA is implementing and should be followed so that there is a pre-

             identified list of developers from which slum dwellers can choose a

             developer. This would also streamline debarring/blacklisting defaulting

             developers.

46 Galaxy Enterprises v. State of Maharashtra & Ors. (2019)5 Bom CR 43, paras 3-5,65

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             33.    Selection on objective criteria: The final decision on the Developer

             should not be left with the CHS. There should be objective criteria on the

             basis of which the Developer should be appointed by the SRA after taking

             into consideration the views of the CHS and keeping in mind the public

             trust doctrine. The selection of Developer should be completed in a time

             bound manner.


             34.    SRA-Facilitated Tendering: The SRA has indicated it will formulate

             and publish guidelines on floating tenders and criteria to consider in

             selection of a developer.47

             35.    Financial and Technical Scrutiny of Developers48:

             a.     SRA has already suggested and implemented measures in this

             regard. A graded scheme should be implemented requiring greater

             experience, minimum net-worth and cash in hand as the RERA carpet

             area of the project increases. All empanelled developers should be in the

             real estate development business for more than 5 years

             b.     The SRA's empanelment form (which requires details of past

             projects, awards, financial statements, etc.) should be incorporated with

             existing Annexure III requirements under Circulars Nos. 144, 144A and

             the Ease of Doing Business Manual.

             36.    Notification Before Third-Party Financial Bailouts: SRA should

             introduce a new policy/circular whereby no developer should be permitted

47 Item 19, Point 2, Suggestions of the SRA, Pg. 72, Table summarising suggestions of the SRA
48 In Yash Developers v. Harihar Krupa CHS 2022 SCC OnLine Bom 3712 it was suggested that the
SRA rigorously scrutinizes the selection of a developer on its financial and technical capacities through a
scientific mechanism, in order to identify a bonafide developer with fullest abilities.

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             to enter into an agreement with a third-party or joint-venture without

             notifying the SRA.

             37.   Stalled Projects - Auction Process: The SRA has indicated it is in

             the process of formulating a scheme for auctioning stalled projects through

             a ward-wise, e-tendering process.”


Submissions on behalf of SRA (Dr. Birendra Saraf, Advocate General)

126.         Dr. Saraf, learned Advocate General has made extensive submissions as

also has filed written submissions in two parts, namely, Part 1 and Part 2. The

submissions of Dr. Saraf on the distinct topics are as follows:-


        (i) Background in relation to the Slum Act – In setting out the factors

        leading to the enactment of the legislation, it is submitted that the creation of

        slums in urban areas was due to numerous factors. The rapid expansion of

        industries led to a significant migration from rural areas to cities, which was

        also due to rural regions being unable to meet the livelihood needs of people

        who primarily depended on agriculture and related activities.              Such

        migration caused overcrowding in urban areas and a shortage of housing,

        which, in turn, led to the development of large slum areas, particularly in

        Greater Mumbai and other urban regions in Maharashtra. The housing

        requirements in the urban areas could not meet the rapid development in

        urban activities. Such large scale and rapid immigration also led to

        encroachment of open public lands. Also, the apathy of the private landlords

        to prevent encroachment and to ensure the appropriate use of land led to


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        slums mushrooming on private lands. The proliferation of slums also raised

        serious concerns in regard to the safety and health not only of the slum

        dwellers, but also of the society at large. Although multiple municipal laws

        were in operation, there was no uniformity in the provisions of these

        enactments coupled with insufficiency of the provisions to improve the

        situation in regard to slums. It is for such reasons that the legislature thought

        it appropriate to enact a special law to deal with the improvement, clearance

        and development of slum areas leading to enactment of the Slum Act in the

        year 1971. The object, inter alia, being to make better provision for the

        improvement and clearance of slum areas in the State and for redevelopment

        as also for the protection of occupiers from eviction and distress warrants.

        The Slum Act was brought into force on 11 August 1971. The legislation

        casts various duties on the authorities. The Slum Act was substantially

        amended in the year 1996-97 and 2001 inter alia to introduce Chapter I-A

        and amendments.


        (ii)          Legislative history of the Slum Act – Under this heading, the

        learned Advocate General has referred to the Central Act, namely, the Slum

        Areas (Improvement and Clearance) Act, 1956. The backdrop for enactment

        of the said legislation was considered and elucidated by the Supreme Court

        in the case of Sanyukta Sangharash Samiti vs. State of Maharashtra (supra),

        wherein the Supreme Court made the following observations:

               4.     Very little attention was paid to the slum dwellers in their initial
               period during the late 19% century and early 20% century, during colonial
               Rule. After the 1896 bubonic plague the Government recognized the need
               for improvement in the housing and sanitary conditions, in the city. This

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             resulted in the formation of Bombay Improvement Trust (for short ‘BIT’)|
             in 1898, and later Bombay Development Department (for short ‘BDD') in
             the year 1920. BDD in particular, inter alia, had a mandate to construct
             low-cost houses for the workers who were manning the factories and the
             mills in the city; and for the workers in ports and railway station as well. All
             the same, not much was done by these bodies as far as improvement of
             living conditions of the workers in these areas or for providing them with a
             decent housing or sanitary conditions.

             5.      With independence, initially the approach of the authorities towards
             slums was also largely focused on clearing the slum areas, rather than
             improving their conditions. The Slum Areas (Improvement and Clearance)
             Act, 1956 was enacted by the Parliament for declaring the areas as slum
             area, and clearing it. The competent authority could declare an area as a
             slum area and would thereafter pass demolition or clearance orders. There
             was no purposeful welfare, socially sensitive, provision in the Act for
             redevelopment of the area after its clearance and this was left to the
             satisfaction of the competent authority, which may redevelop an area,
             subject to his or her satisfaction (see Section 11 of the Act).”



127.         In line with the Central legislation, it is contended that the said Slum Act

was conceived by promulgation of the Maharashtra Slum Areas (Improvement,

Clearance and Redevelopment) Bill (Bill No. XXV of 1970), so as to formulate a

comprehensive legislation to deal with slums in Maharashtra.                                After the

suggestions of the report being invited from the Committee constituted to make

submissions on the bill, the Legislature enacted the Slums Act in the year 1971

contemplating appointment of Competent authority for supervising the

enforcement of the Slum Act, rehabilitation and improvement works. At the

relevant time, there was no provision for a rehabilitation scheme as also the

Development Control Regulation 1967 did not have any provision regarding

implementation of a slum rehabilitation scheme. On such backdrop, to establish

a separate Board for carrying out the works of improvement in the areas of the

slums, the Maharashtra Slum Improvement Board Act, 1973 was enacted. The

joint application of the Slum Act and the Maharashtra Slum Improvement Board


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Act, 1973 had fell for consideration of the Division Bench of this Court in State

of Maharashtra vs. Mahadeo Pandharinath Dhole (supra).


128.         It is submitted that despite the said enactments, it was observed that the

slum proliferation was not curbed effectively and there was no comprehensive

Slum Rehabilitation Scheme setting out the parameters of works of improvement

or redevelopment. It is stated that the initial focus of the Government in

enactment of the Slum Act was on identifying and declaring slum areas of

Maharashtra, for which extensive surveys to map out slum locations and assess

the living conditions within these areas were undertaken. Thus, the first phase of

implementation of the Slum Act involved the preparation and execution of

improvement schemes aimed at providing basic amenities and improving the

overall living conditions in slum areas. The progress was, however, felt relatively

slow due to several challenges, including bureaucratic inefficiencies, limited

financial resources, and the “sheer scale” of the problem. The improvement of

slum areas, despite efforts, proved to be a daunting task. The conditions of the

slums were so dire that improvement alone was not sufficient, necessitating the

clearance and redevelopment of entire slum clusters. These challenges faced

during this phase underscored the need for a more robust and coordinated

approach to slum redevelopment. In such context, significant observations were

made by this Court in Janhit Manch v. State of Maharashtra49, which read thus:-

             “71.   Slums and Slum TDR and 1977 Slum Rehabilitation Amendment:

             i. Slums have been a problem in Mumbai occasioned by the State's inability
             protect public lands from encroachment. This administrative failure is

49 2006 SCC OnLine Bom 1145

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             occasioned by Vote Bank Politics. Consequently, the same has reached an
             alarming situation and is posing a great threat to Mumbai's Planning and its
             already inadequate infrastructure. Living conditions in the slums are
             unhygienic and pose a great threat to health, though now, facilities like tap
             water, garbage clearance, electricity and toilets have been provided.
             According to the estimates, the number of persons who live in slums ranges
             between 50% to 60% of the city's population. A number of schemes have
             been devised like slum improvement, slum upgradation under the World
             Bank Project and also redevelopment schemes by granting FSI upto 2.5.
             The last scheme has given scope for societies of slum dwellers and
             developers to develop slums which are commercially viable. However,
             despite all these measures adopted the problem remains unresolved. The
             problem required a solution which would run across the board. It appears
             that it is in this background that the Government of Maharashtra, proposed
             a new slum policy.”
                                                                    (emphasis supplied)


129.         A reference is made to a study group which was formed to consider

changes to be introduced to improve the operation of the Slum Act, under the

guidance of Mr. Dinesh Afzalpurkar, as formed by the State Government. The

study group made recommendations for the changes to be introduced in the

Slum Act for its better implementation. In pursuance thereto, Chapter I-A was

introduced under the Slum Act, which formed the Slum Rehabilitation Authority

(‘SRA’) as the sole dedicated authority for implementation of slum schemes in

Mumbai. Simultaneously, with the enactment of Chapter I-A, various other

amendments were incorporated granting primacy to the SRA, including by

bringing about amendment to the Maharashtra Regional and Town Planning

Act, 1966 (MRTP Act) [Section 2(19), Section 37(IB), Section 152], Mumbai

Municipal Corporation Act (MMC Act) [Section 144(B), Section 354(AAA)].


130.         Between 17th April, 1996 and 25th April, 1996 the Slum Rehabilitation

Authority invited objections and suggestions to the general slum rehabilitation

scheme for Greater Mumbai. By a notification issued by the SRA under Section



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37(1-B) of the M.R.T.P. Act, objections and suggestions were invited by the

S.R.A. to the proposed modifications in the D.C. Regulations including the

insertion of a proposed Appendix VII-B. After a further round of inviting

objections and suggestions in August 1996, the Development Control Regulation

33(10) was amended with effect from 15 October 1997. Thereafter, on 19 April

1998 the General Slum Rehabilitation Scheme for Greater Mumbai was

approved by the SRA and notified.


131.         Chapter I-A substantially changed the manner of redevelopment of slums

in Mumbai. The significant impact of introduction of Chapter I-A was

considered by this Court in Pooja Enterprises v. C.E.O., S.R.A 50 and in Tulsiwadi

Navnirman Coop. Housing Society Ltd. v. State of Maharashtra (supra).


132.         In his written submissions, learned Advocate General has set out in

extenso the scheme of the Slum Act as contained in various chapters. An

emphasis is laid on Chapter I-A and Chapter I-B, in the context of establishment

of the Slum Rehabilitation Authority as also identification of slum rehabilitation

areas, identification of slum dwellers, selection of developers and declaration of

general slum scheme as per Section 3-B of the Slum Act. It is stated that on 19

April 1998, a General Slum Scheme in accordance with Chapter I-B of the Slum

Act was published by the SRA setting out the parameters of implementation of

the Slum Rehabilitation Scheme. A reference is made to Development Control

Regulations 1991 and the present Development Control and Promotion

Regulations 2034. It is stated that prior to the notification of the general slum

50 (2000) 3 Mah L] 147

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scheme, the State of Maharashtra on 25 March 1991 notified the Development

Control Regulation 1991 (DCR 1991) in which Regulation 33(10) of the DCR

1991 read with Appendix IV set out the rights of the hutment dwellers in slum

schemes, the requirement of building permissions and relaxations which may be

granted for planning purposes, computation of rehabilitation and free-sale

component, provision for transit camps, constructions of commercial tenements,

etc.


133.         It is stated that in the year 2018, the Development Control and Promotion

Regulations 2034 (DCPR 2034) were notified. Regulation 33(10) governs the

Slum Schemes in the same manner as it was positioned under the DCR 1991.

However, Regulation 33(10) of the DCPR 2034 provides for higher FSI as also,

as per the new Regulations, the slum rehabilitation tenements were to be

constructed for all the slum dwellers irrespective of their eligibility, and in the

event the slum tenements were in excess of eligibility, the same would be

surrendered to the authority as PAP tenements to be utilized as Project Affected

Persons tenements. It is stated that apart from regulations concerning slum

rehabilitation schemes, the DCPR 2034 also contemplated generation of a pool

of housing. Regulation 33(10) (3.11) is stated to be a scheme which provides for

rehabilitation of slum dwellers who are situated on lands which are required for

implementing vital public projects. It is stated that as per this scheme, developers

offer lands owned by them where the slum dwellers encroaching the vital public

project land would be housed. The developer conveys such land to the SRA and

receives Floor Space Index (FSI) and Transferable Development Rights (TDR)


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for the same. Further the Regulation 33(10) (3.12)(c) contemplates creation of

PAPs in each slum scheme. Regulation 33(11) of the DCPR 2034 stipulates

creation of Permanent Transit Camps for the SRA. Under the said Regulation,

the scheme is approved specifically for constructing transit camps which may be

used by the SRA for housing slum dwellers from other schemes. These are the

provisions enacted for creating a pool of housing which may facilitate the

vacating of public and private lands. A reference is also made to Regulations

33(20)(A), (B) and (C) which provide for construction of low cost housing for

low income and middle income groups enabling construction of subsidized

housing.


134.          Considering the difficulties which were faced in implementing the Scheme

as per Regulation 33(10) of the DCR 1991, extensive amendments were made to

Regulation 33(10) so as to bring about a sea change by making the following

provisions:


             “(a)    Requirement of construction of rehabilitation tenements by
             accounting for eligible and ineligible slum dwellers: The DCPR 2034
             now makes provisions for construction of tenements for all slum
             dwellers, eligible and ineligible. It makes provisions for the ineligible
             slum dwellers who may become eligible subsequently due to
             verification/scrutiny. In the earlier regime, the hutments were
             accounted for the eligible slum dwellers only. In the event of increase
             of eligible slum dwellers, the parameters of slum scheme would be
             required to be changed. This amendment is a step forward in
             expedition in schemes.




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             (b)     The incentives such as FSI and built up area were increased.
             Higher FSI not only ensured that more hutments could be
             constructed in the rehabilitation components and more PAP
             tenements could also be generated.

             (c)     In the earlier regime, the minimum requirement of consent
             was 70%. Under the new regime, this requirement has been reduced
             to 51% in order to ensure that slum schemes are accepted faster.

             (d)     In the earlier regime, no premiums were payable for schemes
             on Government lands. Presently, 25% value of the ASR of the slum
             scheme is payable to the Government. This ensures that no
             government lands 'go for free' in implementation of slum schemes.”


135.          The categories of slums are set out in Section 4, primarily being three

categories, namely, slum areas declared under Sections 4 and 4A, and further

slum rehabilitation area declared under Section 3C and Censused slum areas

defined under Section 2(1b) of the Slum Act.


136.          Regulation 33(10)(II)(viii) of the DCPR 2034 defines censused slums as

hutments located on lands belonging to the Government or any of its

undertakings or the MCGM, incorporated in the records of the land owning

authority based on the census carried out in 1976, 1980 or 1985 or prior to 1

January 1995 and 1 January 2000.


137.          In regard to the process of identification of slum and slum rehabilitation

areas earlier and the process for redevelopment schemes, it is stated that for the

rehabilitation of slums, the declaration of a slum rehabilitation scheme and slum

rehabilitation areas is a prerequisite, the relevant provisions being Sections 4 and

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3C providing for the declaration of areas as ‘ slum areas’ and ‘slum rehabilitation

areas’, respectively.


138.         For such purpose, actual physical surveys were carried out by the SRA /

Competent Authority. A survey report of the area was prepared after being

satisfied that slum like conditions existed. Public notices were issued by the

SRA/Competent Authority declaring their intention to declare particular areas as

Slum Areas. This physical process was time consuming and at times could not

identify the boundaries of the slums accurately. The State prescribed minimum

number of hutments for declaring areas as Slum Areas. In such context,

Government Resolution dated 23 May 2001 was issued which stipulated that

private lands can be declared as slum areas if they contained 25 or more slum

structures. Further, a Government Resolution dated 5 August 2005 declared the

issuance of photo-passes to slum structures situated on private land, land owned

by the State Government within the jurisdiction of the BMC, and land owned by

any other agency of the State Government, provided that 15 or more slum

structures existed on such lands. It is stated that the minimum requirement of 15

structures does not apply to the declaration of slum rehabilitation areas. A

reference is made to the notification issued by the SRA dated 23 May 2022

declaring all public and private lands on which slum structures existed prior to 1

January 2011 and had been declared as slum areas, or censused slums, as slum

rehabilitation areas.


139.         It is stated that as on date, the following is the data as regards the lands

declared as Slum Rehabilitation Areas under Section 3C of the Slum Act:-

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      Total Application received for declaration under Section 3C                  471
      Total No. of hutments                                                      3,02,407
      Final Order / Gaz. Notification Issued                                       261
                                                                         (Area 3544496.82 sq.mtr.)
      Application under consideration i.e. in process (at diff. Stages             120
      like DDLR Remarks, Joint Visit, Public Notice, Hearing)
      Nos of applications Rejected                                                  90



140.         Further, in the current regime of submission / presentation of schemes in

regard to selection of developers of the society, it is stated that once a slum

rehabilitation area is declared, Regulation 33(10) of the DCPR 2034 mandates

that at least 51% of the eligible slum dwellers in such an area must agree to join

the slum rehabilitation scheme. It is stated that in such cases, a developer

interested in executing the scheme is required to obtain the necessary consent

from the eligible dwellers and subsequently submit a proposal to execute the

slum rehabilitation scheme. Pertinently, the developer may be a non-

governmental organization (NGO), provided it has been duly registered under

the Maharashtra Public Charitable Trusts Act, 1961, and the Societies

Registration Act, 1960, for at least five years prior.


141.         Once a proposal is submitted by the developer, the SRA conducts a

comprehensive scrutiny of the same by applying the contents of Circular No. 144

& 144A, which inter alia provides for verification of title, the financial capacity of

the developer and availability of access roads.


142.         SRA applies the provisions of Section 13(2) of the Act that if the owners,

landholders or occupiers fail to come forth within a reasonable time, not

exceeding 120 days, to relocate and rehabilitate protected and other occupiers, in

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such event, the SRA may determine to redevelop such land by entrusting it to

any agency or developer. The SRA may also determine to redevelop such land

entrusting it to any other agency or developer where an appointed developer does

not adhere to the approved plan or violates any stipulated conditions or

restrictions, including those pertaining to timelines.


143.         In regard to slum area declared under Section 4 or 3C or a censused slum,

all slum dwellers form a proposed slum society consisting of one Chief Promoter

and 11 Managing Committee members. In such context, Circular No.169 is

issued by the SRA, which sets out the manner in which the meeting for

appointment of the developer is to be held.                A representative from the

Cooperative Department by following the procedure as notified by SRA, which

includes issuance of notice of meeting for selection of a developer, video-

graphing of the meeting, biometrics, counting of votes cast under the statutory

ballot constituency. After selection of the developer with 51% consent of slum

dwellers, a proposal is submitted by the developer through its architect to the

SRA for further permissions/scrutiny.


144.         In regard to the consideration of claims as per the procedure prevailing as

on date, it is the SRA’s contention that the developers and Societies earlier were

submitting incomplete proposals for blocking slum schemes. Such issue was

considered by this Court in the case of Atesham Ahmed Khan & Ors. vs.

Lakadawala Developers Pvt. Ltd. & Ors.,51. The Division Bench in the context of

incomplete proposals has made significant observations:

51       2011 (3) Mah. L.J. 604

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             “10. The grievance, however, of the petitioners relates to the consequential
             directions that have been issued by the High Power Committee. The
             Committee has directed the Slum Rehabilitation Authority to obtain a
             report of the Competent Authority which was to verify draft Annexure-II
             submitted by the Architect of the first and second respondents. Now, in this
             regard it would be necessary to note that when a proposal is submitted by a
             proposed Co-operative Housing Society of slum dwellers the application is
             initially accepted and verified. The applicant is then required to pay the
             scrutiny fees upon which a scrutiny is conducted. Draft Annexure II
             containing a list of slum dwellers is thereafter forwarded by the Slum
             Rehabilitation Authority to the Competent Authority for verifying the
             names of eligible slum dwellers. In the case of public lands which are of the
             ownership of the State Government, the Additional Collector
             (Encroachment and Removal), who is the Competent Authority, has to
             verify draft Annexure -II containing names of slum dwellers who are eligible
             to participate in the Slum Rehabilitation Scheme and to certify it. At the
             stage when an application is submitted before the Slum Rehabilitation
             Authority, the application, as it stands, must indicate that the applicant
             fulfills the requirement of the requisite consent of 70% of the slum dwellers.
             The claim of the applicant is thereupon subject to scrutiny. But before the
             question of scrutiny arises, the application must on its face indicate that it
             fulfills the requirement of 70% consents. Hence, we find merit in the
             contention which has been urged on behalf of the petitioners in these
             proceedings that an application which on its face does not fulfill the
             requirement of DCR 33 (10), must be rejected. The applicant cannot be
             allowed to progressively make up a deficiency in an application which does
             not ex facie fulfill the conditions on the date when it is submitted. In view
             of the judgment of the Division Bench in Awdesh Tiwari, the submission of
             an application operates to exclude all other Societies from having their
             applications received and processed by the Slum Rehabilitation Authority in
             respect of the scheme. Since the effect of the acceptance of the first
             application is to exclude from scrutiny all other applications until the
             scrutiny of the first application is complete, it is the bounden duty of the
             applicant to ensure that the application is complete in all respects and does
             not suffer from any deficiency. Any other construction would lead to the
             undesirable result that an application which is otherwise deficient and
             incomplete can progressively be improved upon over a prolonged period of
             time leading to a delay in the implementation of the Slum Rehabilitation
             Scheme. Moreover, the mere submission of an application, however
             deficient, will operate to block ail other applicants. This could not possibly
             be the intent underlying DCR 33(10). Again it must be emphasized that
             the underlying logic of the judgment of the Division Bench in Awdesh
             Tiwari (supra) is to exclude the possibility of undesirable competition by
             unscrupulous elements resorting to extraneous means in the
             implementation of slum schemes. Hence the first applicant must act bona
             fide and in compliance with law by submitting an application which fulfills
             the requirements of a valid application. The application must fulfill the
             essential requirements of a valid application on the date on which it is
             submitted.
             11. Having regard to this position, we are of the view that the Slum
             Rehabilitation Authority, in pursuance of the directions that were issued by
             the High Power Committee, must verify as to whether the application that
             was submitted by the first and second respondents was complete in all
             respects and fulfils the requirements of DCR 33,(10) in order to merit further

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              scrutiny and verification. We are not inclined at this stage to stay the process
              of verification of draft Annexure-II by the Competent Authority. Ultimately,
              if the order of the Slum Rehabilitation Authority has to be implemented, it is
              only necessary and proper that the list of eligible slum dwellers must be
              certified. Thus while we confirm the order that was passed by the High Power
              Committee, setting aside the decision of the Slum Rehabilitation Authority
              dated 26 October, 2006, we do so on the ground that the decision came to be
              rendered without furnishing an opportunity to the first and second
              respondents in compliance with the principles of natural justice. We, however,
              clarify that in this process the Slum Rehabilitation Authority shall determine
              as to whether the application submitted by the first and second respondents
              was complete in all respects and met the requirements of DCR 33(10). This
              must be determined by the Slum Rehabilitation Authority with reference to
              the date on which the application was submitted. In the meantime, we direct
              the Competent Authority to complete the process of verification of draft
              Annexure-II and remit it back to the Slum Rehabilitation Authority.”


145.         The SRA issued Circular No. 141 to streamline the procedure in regard to

the submission of schemes. The said circular was subsequently superseded by a

circular dated 31 August 2013, which prescribes the manner in which proposals

are to be submitted. This circular is in force till date.


146.         The current procedure for the presentation of slum schemes on public

lands is governed by Circular No. 144, under which the following procedure is

contemplated:-

             “5.2.3.1. The promoter / developer/architect is required submit Annexures
             I to V to the Engineering Department, SRA. The SRA shall first check if
             there are any slum schemes pending for the land on which slum project is
             proposed. In case any scheme is pending, the proposal will be rejected
             forthwith.
             5.2.3.2. In case there is no pending scheme, the proposal is inscribed as
             accepted, and the proposal is returned to the developer for further
             presentation. The accepted proposal is then submitted by the developer to
             the Executive Engineer. The Executive Engineer scrutinizes the proposal
             for having all relevant documents and accepts the same. In case the
             proposal is incomplete, the same is rejected.
             5.2.3.3. The Executive Engineer then forwards the proposal to the relevant
             departments for their NOCs.
             5.2.3.4. Annexures I to VI are given to the relevant departments. The
             Annexure I to VI are to be submitted in a particular format which is
             prescribed in the Forms to Circular 144. The details of the Annexures and
             the Departments are as under:

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             Annexure I: Engineering Department of SRA: This document sets out the
             details about ownership of land, details of plot area, details of existing
             hutments and their type, computation of tenement density, extent and type
             of reservations, amenities, FSI available, number of tenements to be
             constructed including calculation of TDR etc. This annexure is a summary
             of the scheme which gives an overall perspective of the parameters of
             development which the developer intends to carry out.
             Annexure II: Collector SRA/ land owning authority: This document sets
             out the details of the number of eligible hutment dwellers and the
             Appendix to this annexure sets out the consents of the slum dwellers.
                 i This is a draft Annexure II which is submitted by the developer
                 which comprises all the slum dwellers who are residing on the plot,
                 eligible and ineligible.
                 ii. The actual exercise of eligibility commences after the scheme is
                 accepted. The Annexure II is scrutinized by the SRA and based on the
                 documents of each slum dweller the eligibility is decided. In cases
                 where the scheme is proposed on MCGM/MHADA land, the
                 Annexure II is scrutinized and certified by such land owning authority.
             Annexure III: Financial Department of SRA: This document sets out the
             financial capability of the developer for undertaking the entire project.
                 i. In this Annexure, the developer furnishes a statement by a Chartered
                 Accountant/Director / Partner certifying the financials of the
                 Company/ Firm.
                 ii. Tax returns of 3 years and audited income statements of 3 years are
                 required to be submitted.
                 iii. Bank balance statement certified by the Bank is submitted.
                 iv. The cost of construction of each tenement is Rs. 2,64,000/-. Based
                 on the number of tenements proposed to be constructed, the final
                 figure is required to be specified. Proof of availability of 20% of the
                 amount of such final figure is required to be furnished.
                 v. The funding plan for 80% of the amount as specified above is also
                 required to furnished.
             Annexure IV: Town Planning Department: The Sectorial Planning remarks
             for the proposed S.R. Scheme are offered in consonance with the
             Development Plan. In this Annexure, the developer is required to furnish
             the following documents.
                 i. P.R Cards of the particular land.
                 ii. CTS Plans.
                 iii. Kami Jasta Patra (Original).
                 iv. 7/12 extract if applicable.
                 v. Notarized copy of the Development Agreement and Power of
                 Attorney.
                 vi. Notarized copy of the Government Resolution under Section 14 in
                 cases where owners refuse to give consent and the application for land

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                 acquisition.
                 vii. Plot area certificate prepared by the Architect.
                 viii. Plot area calculation by triangular method.
             Annexure V: Cooperative Department: Compliance of SRA Circular No.
             169 is insisted on. With this annexure, the Developer is required to submit
             a notarized copy of the GBR of the society.
             Annexure VI - Deputy Director-Town planning department -With this
             Annexure, the developer submits the following documents.
                 i. Certified true copy of the DP Remarks.
                 ii. Certified true copy of the A. E Survey Remarks.
                 iii. Certified true copy of A. E. (Maintenance) - status of road access.
                 iv. Superimposed plans which include the Slum plans / DP Plans/CTS
                 Plans along with the slum boundary.
             5.2.3.5. The relevant departments after scrutinizing the proposals submit
             their reports to the Engineering Department. The Engineering Department
             on scrutinizing the reports decides whether the same has to be accepted or
             rejected. On the proposal being accepted, acceptance fees is required to be
             paid by the developer. In case the proposal is rejected, the same is conveyed
             to the developer.”


147.         On behalf of the SRA, the issues which are faced by it in scrutiny of the

proposals and more specifically the Annexure II, are to the effect that (i) the

process of verification/certification of Annexure II as contemplated by the

circulars is found to be time consuming, more particularly by the land owning

authority, as the draft Annexure II, after verification by the SRA, would be

forwarded to the relevant land owning authority; (ii) The Annexure II declares

the eligibility of the slum dwellers. On the certification of the Annexure II, the

ineligible slum dwellers resort to proceedings and challenge the certification as

also refuse to hand over/vacate their respective tenements; (iii) After the issuance

of Annexure II by the competent authority, slum dwellers divide their hutments

by creating a partition and during proceedings under Sections 33 and 38,

additional homes for divided hutments are demanded.


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148.         Further, the number of eligible slum dwellers keeps changing, due to

certain slum dwellers becoming eligible subsequently. This would affect the

number of tenements which the developer proposed to construct. Under the

DCR 1991 regime, this would affect the scheme itself since the parameters of the

scheme were based on the number of eligible slum dwellers.


149.         Submissions are made in regard to the current procedure for presentation

of slum schemes on private lands, which are governed by Circular 144A as issued

by the Slum Rehabilitation Authority. This is in respect of private lands which

are declared as slum rehabilitation areas under Section 3C of the Slum Act. The

owners of the private lands would have peremptory rights to implement the slum

rehabilitation scheme and in respect of which the proposal which is submitted is

scrutinized as per the provisions of Circular 144A. It is issued considering the

settled principles of law that after declaration of areas as slum rehabilitation areas

under Section 3C, a notice of 120 days is required to be issued by the SRA to the

owners/persons whose name is on the Property Record Card to come forward and

submit a slum scheme. Also, in case of areas which are already declared as Slum

Rehabilitation Areas, and where no slum schemes are being implemented, the

SRA, following the decision of this Court as also the Supreme Court of India,

issues a notice of 120 days to the owners to come forward and submit a slum

rehabilitation scheme. It is also provided that in regard to privately owned lands

where the schemes are submitted by the owners, the same can be submitted

without obtaining the consent of the slum dwellers. The condition of Annexure

No. II required in circular no. 144 is relaxed at the time of submission of the


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proposal. It is only after the scheme is accepted and before the LOI (Letter of

Intent) is issued, such consents are required to be furnished. It is also provided

that where the owner does not submit the Slum Rehabilitation scheme as per

Circular 144A in 120 days, acquisition of private land as per the provisions of

Section 14(1) is initiated and the procedure is accordingly set into motion. Also,

the Society of slum dwellers has the liberty to appoint a developer of its choice

with a minimum 51% consent of the slum dwellers.


150.         Relevant data regarding the slum schemes in Mumbai : As of 30 June,

2025, the Slum Rehabilitation Authority is stated to have received 2784 Slum

Rehabilitation Schemes (SRS) under Section 3B of the Slum Act. Out of the said

2784 schemes submitted, 2308 SRS are accepted and 236 SRS are rejected, while

240 SRS are under scrutiny. The ward-wise details with the highest number of

schemes in some of the wards are noticed in the following chart:


                                                    Present Status of Accepted Schemes
     Sr.       Ward   Total Proposal submitted
                                                  Accepted       Under       Recorded/
     No.
                                                                Scrutiny      Rejected
       1         A               9                      7          1              1
       2         B               1                      1          0              0
       3         C               0                      0          0              0
       4         D              11                      10         0              1
       5         E              12                      12         0              0
       6        FS              53                      48         14             4
       7        FN              108                     95         12             1
       8        GA              70                      65         0              5
       9        GN              122                     119        0              3
      10        HE              141                     118        8             15
      11        HW              161                     137        12            12
      12        KE              124                     75         30            19
      13        KW              175                     125        40            10

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      14         L                   41                       25            15               1
      15        ME                   219                      208           0                11
      16        MW                   171                      129           18               24
      17        PN                   120                      82            24               14
      18         PS                  83                       68            4                11
      19         RC                  136                      119           7                10
      20         RS                  96                       48            17               31
      21        RN                   60                       46            4                10
      22         N                   60                       34            4                22
      23         S                   121                      78            32               11
      24         T                   108                      77            11               20
                Total            2784                        2308          240              236

151.         Following is the bifurcation of 2308 accepted schemes:

    Sr. Regulation No. of      No. of    Schemes                                 Remarks
    No.            Accepted sanctioned    under
                   Schemes schemes (LOI) scrutiny
      1        33(10)     1902             1402           500       a) 116 SR Schemes Ann. II
                                                                    received and under scrutiny at
                                                                    various level.
                                                                    b) 384 Scheme Preparation of
                                                                    Annexure-II is in progress.
      2         3.11       45              45                0
      3        33(11)     361              349             12       Proposals are under scrutiny
             TOTAL        2308             1796           512



152.         Following is the summary of Sanctioned 1402 S.R. Schemes under

Regulation 33(10) for which LOI is issued:


               Relevant Regulation                Total number of     Number of      No of ongoing
                                                    Sanctioned        Completed        schemes
                                                     Schemes           Schemes

     Scheme of 33(10) on Pvt. Land                     575

     Scheme of 33(10) on Govt. Land                    827                566               836

     Total Scheme of 33(10)                            1402




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153.         Following are the details of sanctioned PTC/PAP Schemes:


         Relevant Regulation       Total number of     Number of      No of ongoing
                                 Sanctioned Schemes Completed Schemes   schemes
     Clause 3.11 of 33(10)                45                     30                    15
     Regulation 33(11)                    349                    125                  224
     Total                                394                    155                  239



154.         Following is the status of halted Slum Rehabilitation Schemes under

Regulation 33(10):

       Sr. No.             Description                Number of         Additional Remarks
                                                       Schemes
             1   Non-availability of finance and           82          Action under Section
                 other reasons                                         13(2) of Slum Act is
                                                                       to be initiated.
             2   Developer removed due to                  17          Schemes can progress
                 inefficiency as per Section 13(2)                     further    on     the
                 of the Slum Act                                       appointment of new
                                                                       developers by Society.
             3   Litigation before the Hon’ble             15                  N.A.
                 Supreme Court and Hon’ble
                 High Court
             4   Schemes delayed due to non-
                 submission of NOC from other
                 Departments:

                 A. Coastal Regulation Zones-II            2           Developers have app
                 (“CRZ-II”)                                            approached      concerned
                                                                       authorities for NOC but
                 B. Civil Aviation Authority               4
                                                                       are yet to receive the
                                                                       same.
                 C.    Ministry of Environment,            12          Schemes are halted due to
                 Forest and Climate Change                             a stay imposed by the
                 (“MoEFCC”)       &     Defence                        Hon’ble Supreme Court
                 Department                                            of India.
                 Total                                     132



155.         The following table provides a ward-wise summary of slum rehabilitation

schemes, showing the total number of schemes, total slum dwellers as per LOI,



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tenements handed over to eligible slum dwellers, PAPs and PTCs sanctioned as

per the last revised LOI, PAPs and PTCs actually handed over, and the total

rehabilitation tenements completed.


              Total Nos.              Total Nos. of   Nos. of
                                                                 Nos. of  Nos. of                  Rehab
              of Schemes Total Slum T/s handed        PAPs as                        No of PTCs
                                                                  PAPs PTCs as per               tenements,
   Ward      (33 (10), 33 Dwellers as    over to      per last                        Handed
                                                                 Handed last revised              PTCs and
              (11) & 3.11  per LOI    eligible slum   revised                          Over
                                                                  Over      LOI                 PAPs (4+6+8)
              of 33 (10))                dwellers       LOI
     1             2          3             4            5         6         7           8            9
                                                                                                  (4+6+8)
    A             6          8002        3095          324         0          0          0          3095
    D             6          3897        2808           54        34          0          0          2842
    E            12          1066         930          328        136         0          0          1066
   FN            68         25324        23241         2175       168        49         49         23458
   FS            35         15688        7423          705        100       190         46          7569
  GN             53          9034        5852          357        90        206          0          5942
  GN
                 65         9056          8448         804        393       622         612        9453
(Dharavi)
   GS           54          28409        15208          913        109         0          0        15317
   HE           95          28576        12234         3152        711       359       246         13191
  HW            116         24834         5616         2363        855      1331        30          6501
   KE           159         36379        15469         5733       2805      1217       600         18874
  KW            176         31360        12352         5221        431      2449       372         13155
    L            81         10040        4527         47875      34086      1133       275         38888
  ME            47          17696        2497         44700      32339       293        186        35022
  MW             71         20241        4725         22351      18370       478        82         23177
    N           124         28488        6499          5863        617      1353         76         7192
   PN           125         40994        19379         4853        719      3766       1587        21685
   PS           58          15319        5448          1824        255       128        114         5817
   RC           99          18486         4861         3369        917        53         11         5789
   RN           46           9488        4598          1773       1079       402        96          5773
   RS           97          27680         8747         5108        978      3612       798         10523
    S           117         15640         1297         1520        246         0          0         1543
    T           86           9384        3998          4286        294      3229        145         4437
 Grand
                1796       435081        179252       165651     95732     20870       5325       280309
  Total




156.         Steps taken for identification of slums and slum dwellers :-

         (1)           The SRA has employed advanced technology to identify slum areas,

         slum hutments and slum dwellers residing in such hutments and also their

         eligibility for allotment of permanent alternate accommodation. The SRA,

         by appointing specialized agencies, has carried out an extensive mapping of


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         slums areas in Mumbai and is also linking the hutments in such slum areas

         with the slum dwellers residing in such hutments.


         (2)        Since 2022-23, the SRA has relied on methods such as drone

         surveys, satellite and GIS mapping, geo – tagging and biometrics to

         holistically identify the slum areas and slum hutments existing in such areas

         as also their eligibility. The different processes as adopted are:


         (I)        Current process of identification of slums and slum dwellers -


             (i)    Marking of slum cluster boundaries using satellite images and

             topographical survey and DGPS survey:- 1) The SRA has acquired satellite

             images for areas of Mumbai and identified slum clusters. From the images,

             the SRA has identified the patches / clusters of slums and its outer

             boundaries; 2) The SRA has appointed an agency to physically verify the

             boundary based on the satellite images. Such designated persons visit the

             slum clusters and physically identify the boundaries of such clusters. This

             process is called as ‘topographical survey’; 3) At the time of survey of

             boundaries, the designated person also places digital markers / identifiers

             on the boundaries which makes the identification of boundaries even more

             accurate. These points are known as ‘Differential Global Positioning

             System Points’ (DGPS Points).        The process of identification of the

             boundaries based on such DGPS Points is called as the DGPS Survey; 4)

             The SRA has taken a decision to ascertain the encroachments of slums

             through satellite images from Bhaskaracharya National Institute for Space



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             Application and Geo Informatics (BISAG-N);               5)Also, a mobile

             application will be provided by BISAG-N based on the area identified as

             slums through satellite maps. An outer boundary is identified. Through

             the satellite images, the structures which are within the slums, are also

             identified. Further, in the event of any encroachment/new addition in the

             slum areas within and outside the boundary, an encroachment trigger gets

             activated on the application, notifying such encroachment. Such data can

             be used by the SRA in the sanctioned / on-going scheme. This application

             will help the competent authorities to issue notices to the unauthorized

             structures and initiate relevant action of demolition under the Slum Act.


             (ii)       Drone Survey and GIS Mapping :- 1) Based on the satellite

             imagery and topographical survey, high resolution images are taken by

             aerial photography carried out by drones, being the drone survey. By

             clicking high resolution images of slum clusters, the SRA is able to identify

             a reasonably accurate number of hutments which exist on the lands. These

             hutments from the air appear in the shape of polygons. Based on the

             number of such polygonal shapes which appear in the drone photography,

             the number of hutments is determined; 2) By identifying the number of

             hutments by drone survey, a base map of the number of hutments is

             prepared. This map is known as a ‘Geographic Information System Map’.

             On such map, a demarcation of each hutment is made and boundaries of

             such hutments are identified in respect of each of the hutments in the

             cluster.


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             (iii)   Biometrics :-

             Sensitisation meetings :- It is contended that before commencing the

             actual door-to-door surveys in the slums, in order to make people aware of

             the process of identification of hutments, sensitisation meetings were held

             where the experts and officers from SRA explain to the slum dwellers the

             nature of the exercise being undertaken and their legal rights.


             Door to door survey :- Also, there is a door-to-door survey which is

             undertaken after the GIS mapping and marking of boundaries of

             hutments, and after the sensitisation meetings, a physical survey of each

             hutment is undertaken.       The door-to-door survey is carried out by

             appointing agencies in which the appointed person paints a unique

             number on each hutment. By visiting the hutment, the following data is

             collected from each hutment:-


             .       Hut photos from front and side; (360 degree photograph);
             .       Photos of slum dweller and his family members;

             .       Self-declaration video from the slum dweller;

             .       Short video of the inside of the hutment;

             .       Signed self-declaration from the slum dweller;

             .       Available proof of existence of the hutment from year before 2000-

             2011 and additional documents such as electricity bills, survey receipt from

             the year 2000, Gumasta licence, etc.

             .       Aadhar Card details and biometric of hutment occupant.

             .       Hutment measurements.

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             Geo – tagging :- Further, there is geo-tagging on the hutments being

             marked and being given a unique number, such tenement is linked with

             the hutment as visible on the GIS Map. This linking/tagging of each such

             hutment on the GIS Map is known as Geo-tagging. After such tagging,

             the details of each hutment, dwellers of the hutment and all details

             acquired during the door to door survey get linked with the GIS Map.


             (iv)    Slum Information Management System:- After the entire data as

             aforesaid is gathered, the same is fed into a data system which contains all

             particulars from the satellite imagery to the biometric details of each slum

             dweller. This database is known as the Slum Information Management

             System (SIMS).


             The following are the details of the extent of the survey carried out by the

             SRA:-


             Total number of Slum Clusters                - 2599
             Total number of Huts to be surveyed          - 1379086
             Drone Survey Completed (GIS)                 - 1078746 (out of 1379086)
             Total numbering done                         - 848426 (out of 1078746)
             Total Biometric Survey done                  - 577782 (out of 833668)
             Total Annexure II issued                     - 3,81,029 (out of 577771)
             Total Annexure II in process                 - 1,96,742


             Auto – Annexure – II :- It is stated that preparation of Annexure-II has

             historically been a time-consuming process. To streamline, simplify and

             expedite this process, the SRA introduced the Auto Annexure-II in the


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             year 2021. This is a process of generation of the list of all eligible slum

             dwellers by relying on the Geo-tagged hutments, the electoral roll /

             documents available and the Aadhaar Card of slum dwellers.                After

             collection of the biometric data, all the relevant documents including the

             electoral roll, Aadhaar card, electricity bills, photopasses etc. are aggregated

             in the SIMS and a comprehensive list of names and supporting documents

             is generated and it is based on such available documents that the eligible

             and non-eligible slum dwellers are identified and this becomes the

             Annexure II. In the year 2023, the SRA developed a software application

             through an agency that integrates data from various authorities, including

             electricity distribution licensees (BEST, Adani, TATA), and includes

             information from sources such as the Electoral Roll, Shop Establishment

             License, Photo Pass etc. to ensure that no false or forged documents are

             submitted by slum-dwellers. Additionally, for increased transparency, the

             SRA has also started publishing certified Annexure-II documents on their

             official website to make them publicly available.


             Database of beneficiaries in existing rehabilitation schemes – To identify if

             a slum-dweller has previously secured an allotment, the SRA has issued a

             tender for the creation of a database of rehabilitation/PAP/PTC tenements

             allotted since its inception. The SRA has developed an online application

             called “Transfer of Tenements” to digitize the entire process of transferring

             tenements, including application submission, online fee payment, and

             issuance of NOC for transfer. It is stated that this database would ensure


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             that slum-dwellers who have been accommodated in slum schemes already,

             do not get any new tenements in other slum schemes. The purpose of

             inclusion of PAP and PTC in the database is to ensure that the dwellers

             who are already accommodated in such PAPs / PTCs are also identified in

             order to avoid multiple allotments being made to the same dweller.


             Online procedures :- It is stated that the SRA has computerized several

             processes and made them online. Processes such as the Rent Management

             System, Slum Information Management System, Auto Annexure-II, online

             allotment of tenements through a lottery system, etc have been made

             online. The SRA has also implemented an Online Visitor Management

             System whereby the visitors of the website can interact with the SRA and

             clarify queries which the visitors may have.


157.         Improvements made to the process of selection of new developers and

proposed steps for improvement in the selection process.


         (i)        Robust Panel of developers: The SRA has stated that in order to

         identify developers with sound financial and experience in implementing

         slum and infrastructure projects, the SRA with the assistance of the State of

         Maharashtra is in the process of ‘creating a robust panel of developers based

         on criteria specified’. In such context,through a public notice, applications

         were invited from developers and a proposal for the empanelment of

         developers in three different categories i.e., A, B and C was submitted for

         approval to the State Government after a technical and financial scrutiny of



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         the applications. It is stated that the State Government has approved 15

         developer firms/companies in A category, 9 in B category and 6 in C

         category on 6th June 2023.         The SRA has received an application for

         empanelment by 20 other developers. The SRA has recommended the

         empanelment and the same is subject to the approval from the State

         Government.


         (ii)       Conditions of empanelment of developers - For the purpose of

         empanelment, the SRA and State Government have imposed certain criteria

         such as financial wherewithal, prior experience in implementation of slum

         projects etc., the details of which are stated to be as under:


         Sr. Developer Technical Criteria    Financial Criteria         Infrastructure Experience
         No. category
         1      A        Developer        has The Developer should The Developer should
                         completed        real have minimum net have experience in Real
                         estate Projects with worth of INR 25 Estate Development of
                         Occupation            Crores. & Working more than 5 years. &
                         Certificate, at least capital worth of INR The Developer should not
                         5 Lakhs Sq. Ft. or 25 Crores & Working be Debarred/ Disqualified/
                         Rera Carpet Area. capital-in-hand of INR Defaulter or any court
                                               5 Crores &              cases  pending    against
                                               Bid          capacity:- promoters/company during
                                               minimum 75 Crores or last 5 years.
                                               more
         2      B        Developer        has The Developer should                - do -
                         completed       Real have minimum net
                         Estate       Projects worth of INR 12.50
                         with Occupation Crores. &
                         Certificate, at least Working    capital-in-
                         2.5 Lakhs Sq. Ft. hand of INR 2.5 Crores
                         or Rera Carpet &
                         Area.                 Bid         capacity:-
                                               minimum 37.5 Crores
                                               or more
         3      C        Developer        has The Developer should                - do -
                         completed       Real have minimum net
                         Estate       Projects worth of INR 5 Crores.
                         with Occupation & Working capital-in-
                         Certificate,       at hand of INR 1 Crores

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                         least .125 Lakhs Sq. &    Bid capacity:-
                         Ft. or Rera Carpet minimum 25 Crores or
                         Area.                more



        (iii)      Proposed steps being considered by SRA :- To strengthen the

        verification process of a developer's financial capacity, the SRA is considering

        several key proposals- to consider the financial strength of the Developer, the

        cost of construction of tenement is increased as earlier the cost of

        construction was Rs. 2,64,000/-. On that basis, 20% of the amount was

        required to be available with the Developer and the source of funds for the

        balance was required to be furnished. The SRA is now considering increasing

        the cost of construction per rehabilitation tenement to Rs. 12,50,000/-. It is

        stated that limiting the validity of a developer's financial assessment is being

        limited to six months, when the financial capacity of a developer is assessed.

        It is further stated that after the expiry of this period, it will have to be

        reassessed before issuance of acceptance or LOI. To ensure viability, the

        financial capacity will be reassessed on an annual basis from the date of

        issuance of Financial Controller's FC-NOC/Annexure-III until issuance of

        OC for rehabilitation of buildings is issued. During such reassessment, if it is

        noted that no notable progress has been made on the project for ‘over a year’,

        automatic cancellation of FC-NOC/Annexure-III will be considered to

        prevent further delay and misuse.


             Delay in implementation of the slum schemes and steps taken to avoid

             /remedy delay.



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158.         The followings are stated to be the causes for delay:-


       (i) Financial incapability – It is observed by the SRA time and again that

       once the developers have secured the schemes, no work is carried out and

       there is inexplicable delay in implementation and completion of schemes.

       The developers, while executing the project face various financial difficulties.

       The developers take loans by mortgaging the free-sale components and

       further complicate the implementation of schemes. Very often, the developers

       become financially incapable of implementing the project and such project

       then gets stuck.


       (ii) Waiting for schemes to become more lucrative and trading of schemes. It

       is observed that developers, after taking projects, wait for projects to become

       financially more viable and lucrative by waiting for a policy to change etc.

       Developers also trade ‘slum schemes’ away to other developers either by way

       of transfer of shares of the developers company or by way of outright sale of

       the scheme. Such transfers create new hurdles which delay schemes further.


       (iii) Injunctions by Courts. In many slum projects, it was observed that the

       slum scheme itself was on a land which was reserved as an open space. Such

       slum schemes were held up and no proposals were processed in accordance

       with the directions given by this Court in the case of NGO Alliance for

       Goverance and Renewal (NAGAR) & Ors. vs. State of Maharashtra & Ors.

       [Cityspace]52. In other slum projects, where the developer has been

       terminated and orders have been passed by the CEO-SRA and the AGRC,

52 2025 SCC OnLine Bom 2425

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       the parties have challenged the same by filing Writ Petitions before the

       Hon'ble Bombay High Court and have obtained injunctions staying the

       schemes. Due to the pendency of such matters, the scheme itself gets delayed.


159.         Power exercised under Section 13 (2) of the Slum Act. In order to deal

with the delay in SRA projects and the circumstances where schemes are being

carried out contrary to approvals, powers have been conferred on the SRA to

terminate the mandate of the developer under Section 13 (2), either on a

complaint by the members of the Society, or suo motu by the SRA itself. There

are other decisions of the Court on such issues.


160.         It is stated that the power under Section 13 (2) is not exercised only for

delay in implementation of the scheme, but also for any construction carried out

in violation of the plans sanctioned under Section 12 (10) of the Slum Act or any

contravention thereof. Further, the SRA has also exercised such power for non-

payment of transit rents to the sum dwellers.


161.         The following table, according to the SRA, would depict proceedings

under Section 13 (2) of the Act in the past 5 years:-


         Year           Total    Applications Proceedings    under Pending
                        Received              13(2) completed      Proceedings
         2020-21                36                       36                 0
         2021-22                49                       49                 0
         2022-23                62                       57                 5
         2023-24                65                       65                 0
         2024-25                84                       79                 5
         Total                  296                      291                5
         In accordance with Circular No. 169, the SRA has also conducted General
         Meeting of the societies of slum dwellers and 27 General Body Resolution been

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         passed in the year 2024-2025 for the change of developer.



162.         Steps taken to revive stalled projects - It has very often been noticed that

projects are stalled due to lack of availability of sufficient finances. The projects

get stalled and then complaints are filed under Section 13 (2) of the Slum Act for

termination of such developers due to delay in implementation of the schemes. It

was also observed that certain developers availed finances from financial

institutions and despite such finances, fail to implement the schemes. (Where

does the finance go?) To address such situations, the SRA and the State of

Maharashtra have introduced measures. On 20 April 2022, 517 SRS [including

schemes on private plots under Regulation 33(11) and 33(14D)] approved prior

to 2014 were identified as delayed due to non-compliance with requisite

conditions on the part of developers. Also, the Housing Department issued a

Government Resolution on 25 May 2022 by which it approved two options to

implement the stalled schemes: (a) Appointment of Developers by adopting a

bidding process; (b) an Amnesty Scheme. Additionally, there is a joint venture

policy floated by the State Government to tackle stalled projects.


163.         Appointment of Developers by adopting a bidding process – On 20 April

2022, the SRA, after ascertaining the details of stalled schemes had issued an

order rejecting / recording 517 slum schemes which as per the records of the SRA

had become dormant and no redevelopment process in the same was being

carried out. The said decision came to be challenged before this Court and the

same was set aside as a blanket order. The Hon'ble Court directed that individual


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notices be sent to developers who have delayed implementing the schemes.


164.         The status as on 30 June 2025 of the said 517 schemes recorded on 20

April 2022 is stated to be as under:-

       Present Status as on 30th June 2025 of 517 schemes (recorded on 20th April, 2022)
   No. of       Nos of schemes            No. of       Nos. of S.R.     Closed for Pending
  Schemes under sec. 33(14)D, schemes where             schemes in        Order         S.R.
                 Repeated and        action needs to which developer        S.R.      Schemes
                 Inadvertently         be initiated.   terminated.      Schemes.
              included in the list.
     1                  2                3 (2-1)             4                5          6
    517                31                  486              312              12         126



165.         The SRA has scrutinized each of the 517 schemes and found that out of

these 517 schemes, some were included inadvertently. 486 schemes are stated to

be identified for further action. The SRA initiated action under Section 13 (2) by

entrusting the scheme to any agency or other developer recognized by it after

giving an opportunity of hearing. It is stated that the SRA is appointing

developers by adopting a bidding process in slum rehabilitation schemes through

a tendering process.


166.         It is stated that out of the 517 schemes, orders have been issued in case of

306 schemes wherein either new developers have been appointed or some

existing developers have been retained.


167.         It is stated that tenders were invited for stalled schemes on ‘Government

lands’. The SRA floated a tender for 10 stalled schemes in respect of which the

mandate of the developers was terminated. On 2 June 2025, a tender was floated

and bids were invited for implementing and completing such stalled projects, to



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be submitted by 19 June 2025. However, no bids were received. There were

three extensions granted for submission of bids. The last extension was till 25

July 2025 and only one bid was received for one scheme. The response to the

process of tendering has been poor.


168.         Amnesty Scheme – It is stated that several developers, despite having

financial backing from recognized financial institutions, failed to complete the

slum rehabilitation schemes, adversely affecting both slum dwellers and the

financial institutions involved. Neither the SRA nor the State Government

maintained any records of the financial institutions that had invested in the

State's slum rehabilitation schemes. These financial institutions had an interest in

ensuring that the development is completed.


169.         Consequent thereto, the Housing Department issued a Government

Resolution dated 25 May 2022, allowing financial institutions regulated/

recognized by the Reserve Bank of India (RBI), Securities and Exchange Board of

India (SEBI), or the National Housing Board (NHB) to send in applications

under the said amnesty scheme. Once a proposal from any financial institution is

accepted, they would be recorded as co-developers of the scheme.


170.         It is sufficient for the Committee of the Government to appoint the

developer/financial institution. A separate resolution of the Annual General

Meeting is not needed. The 5% premium that is otherwise payable because of

change of developers does not apply in such cases. The financial institution must

complete the slum rehabilitation scheme within the agreed timelines. It must pay



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transit rent to eligible slum dwellers without fail. Further, the matter of pending

transit rent must be discussed with the CEO (SRA) and the slum dwellers'

association, after which a consensus must be reached on payment of transit rent,

failing which the Letter of Intent is not issued. Submission of Annexure III, in

relation to the financial capacity to be established, is mandatory. The details of

the schemes received till date are stated to be as under:

 Details of Amnesty Applications
  Sr.          Name of Financial Institution           No. of   Accepted     Dropped
 No.                                                  Schemes   Schemes      Schemes
   1    JC Flowers Asset Reconstruction Private          3         3            0
        Limited
   2    Piramal Capital & Housing Finance               10         5             5
   3    IIFL Finance Limited                            16         9             7
   4    Edelweiss ARC                                    2         2             0
   5    ACRE                                             4         2             2
   6    Sanghvi Finance Pvt Ltd                          1         1             0
   7    Thar Commercial Finance Ltd* (Veena              1         1             0
        Developers)
   8    India Bulls                                     1                        1
   9    HDFC (PN)                                       1                        1
  10 Yes Bank                                           2                        2
  11 Wadhwa Group Holding Pvt. Ltd.                     1                        1
  12 HDFC & Lodha / Macrotech Developer                 1                        1
        Limited* (KE)
  13 M/s Mack Star Marketing Pvt. Ltd                    1                       1
  14 Inspira realty                                      1                       1
  15 OMKARA assets Reconstruction Pvt Ltd                1                       1
  16 Omkar Realtors and Developers Pvt. Ltd.             1                       1
 Total                                                  47        23            24


171.         It is stated that as a result of the Amnesty Scheme, 157.73 Crores of

outstanding rent was recovered and paid to slum dwellers. In addition, two years

advance rent was also deposited as per Circular No. 210.


Steps taken to monitor delay in schemes activated under the Amnesty Scheme –


172.         The SRA introduced the following measures to ensure that the schemes

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activated under the amnesty scheme are completed on time and the delay does

not defeat the purpose of the legislation, such as submission of bar-chart. The

developers are directed to submit Bar Chart and Critical Path Method (CPM)

charts depicting the exact time frames in which various phases of the

redevelopment project are to be completed as a registered undertaking to ensure

time-bound completion of projects. Also the developers are required to furnish

date-wise/stage-wise progress reports of existing SRS, if any, before the sanction

of FC-NOC/Annexure-III. It is stated that in cases where existing schemes of the

developer are delayed or incomplete, the developer will be required to

demonstrate the financial capacity to carry out the existing as well as new

projects. Also, the concerned developer implementing the scheme is required to

submit a bar chart outlining the deadlines of the project and also submit a phase

wise programme of implementation of the S.R. Scheme. On failure to implement

the scheme in a timely manner, a Show Cause Notice is given for the delay

caused. The developer is terminated if no satisfactory explanation is offered. Such

proceedings for termination of the developer are undertaken either on the

complaints received, or suo-motu.


173.         Submissions of monthly progress reports are made mandatory for

developers and architects. Also in regard to some of the schemes approved under

the amnesty scheme where progress is not being made / rent not paid, action has

already been initiated.


             Steps taken for redevelopment of public lands by public authorities. -

174.          The slum rehabilitation schemes on public lands are carried out in

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accordance with the provisions of the DCPR 2034. In order to ensure that public

lands do not go for free and the authority owning the land does not suffer a loss

due to implementation of the slum scheme and to safeguard the interest of the

Government/Statutory authorities various provisions have been introduced in

the DCPR 2034. In such context, Regulation 33 (10) (1.11) provides for a

payment of premium of 25% of the Annual Statement of Rates to the

landowning authority. Further, the land on which free - sale component is

constructed is given on lease and power has been conferred on the SRA to

determine the lease rent payable. In addition, any reserve lands on the property

also become free of encroachments. It is stated that carrying out of the slum

rehabilitation projects on the said land also leads to the creation of PAPs, which

had been handed over to the SRA and in turn creates a pool of housing which is

utilized by various authorities.


175.          In the recent past, the State Government, the SRA and other planning

bodies have endeavoured to undertake redevelopment of slums themselves on a

joint venture basis. Policies have been brought into force by the State of

Maharashtra to ensure smooth implementation of such schemes which are

undertaken by the planning bodies themselves. The SRA has itself undertaken to

carry out slum schemes. The relevant policies are as under:-


             (i)    SRA acting as the developer itself - In the recent past, the SRA has

             acted as the developer of the projects for implementing the Slum Scheme.

             One such example is the rehabilitation of slum dwellers occupying the site

             where the Sahityaratna Lokshahir Annabhau Sathe Memorial is proposed

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             to be constructed. The area had 640 slum dwellers. The State Government

             approved this project as a vital project on 11th March 2024 and approved

             an estimate of Rs. 305 crores as the project cost. The SRA will be

             implementing this project and all project-related costs will be spent from

             the SRA's account. This project will have approximately 520 residential

             units and 120 commercial units.


             (ii)    Joint venture with Public Authorities - With a view to ensuring

             that public lands on which the mandate of the developers had been

             terminated could be expeditiously developed, a decision was taken by the

             Government that in such circumstances, the land may revert to the land

             owning agencies who would then complete the scheme within a 3 year time

             frame. The target is to create 2 lakh affordable tenements as a pool of

             housing.


176.          The State Government in such context, approved a joint venture policy

and issued a Government Resolution dated 21 September 2023 prescribing

certain terms and conditions for the implementation of this policy. The terms

and conditions being :(i)Projects where a developer is unable to complete the

project and it remains stalled will be completed through a joint venture

arrangement;


             (ii)    The process stipulated under the Slum Act for changing the

             developer will be adhered to.


             (iii)   An economic and technical feasibility study must be conducted


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             prior to the handover of the scheme to the public authority.


             (iv)     An agreement must be executed between the SRA and the relevant

             public authority concerning the project.


             (v)      The SRA will act as the Planning Authority for these schemes.


             (vi)     The local authority or civic body will be responsible for

             constructing the rehabilitation and sale components of the projects. They

             will then be permitted to sell the sale component in the open market under

             the 'affordable housing for all' scheme to recover construction and other

             associated expenses.


             (vii)    The public authority will be tasked with providing transit rent and

             accommodation to the displaced slum dwellers.


             (viii)   For stalled projects, the concerned authority/body must pay to the

             old developer the amount determined by an SRA empanelled valuer for the

             costs incurred by the old developer.


             On the basis of the Chief Minister's announcement, the Housing

             Department vide letter dated 26 June 2024 directed the SRA to submit a

             proposal for implementation of joint venture schemes with various

             government agencies i.e., BMC/ CIDCO/ MIDC/ MahaPREIT/MHADA/

             Mumbai Metropolitan Region Development Authority ("MMRDA")/

             Maharashtra State Road Development Corporation Limited ("MSRDC"),

             etc. As a result, 228 schemes have been allocated to public authorities like

             the BMC, CIDCO, MAHAPREIT, MHADA, MSRDC. The details of

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             which are as under:-


                   Sr.   Government / Semi-Government No.     of No. of Tenements
                   No.   Organization                 Schemes
                   1     Brihanmumbai            Municipal 77     51,002
                         Corporation
                   2     MHADA                            24      33,915
                   3     MMRDA                            5       28,050
                   4     MSRDC                            46      27,649

                   5     CIDCO                            6       25,740
                   6     MAHAPREIT                        57      26,094
                   7     MIDC                             12      25,668
                   8     MAHA HOUSING                     1       813
                         Total                            228     2,18,931



Policy dated 28 March 2025 appointing MCGM as the Planning Authority for
slums situated on lands owned by MCGM.


177.         The State of Maharashtra on 28 March 2025 in exercise of powers under

Section 154 of the MRTP Act issued a Government Resolution appointing

MCGM as the planning authority for slums situated on lands owned by the

MCGM. The said GR was issued in order to expedite the implementation of

slum schemes on MCGM lands.


             Transit accommodation and rent -


178.         During the implementation of the Slum Scheme, there is an obligation on

the developer to provide either transit accommodation or rent till such time the

scheme is implemented. However, in a large number of cases, it is found that

neither accommodation is given, nor the transit rent is paid. Large arrears of rent

accumulated leading to the developer becoming financially incapable and the


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scheme becoming unviable, is what is observed. The slum dwellers upon not

receiving rents, also face further displacement leading to further proliferation of

slums. To address these issues, the following measures have been implemented:-


             (i)    Appointment of nodal officers and notices to pay transit rent

outstanding as on 7 December 2022. In 2019, two public interest litigations were

filed before this Court concerning the non-payment of transit rent. It was

brought to light that a significant amount of approximately Rs. 620 crores in

transit rent was pending payment by various developers across 150 schemes as of

7 December, 2022;


             This Court directed the SRA to proactively take measures to ensure that

the slum dwellers receive transit rent. This Court specifically directed that the

SRA should appoint a Nodal Officer and call for representations/ complaints

from the cooperative housing societies of the slum dwellers if they have

grievances regarding the non-payment of transit rent.


             The SRA has appointed 25 ward-wise nodal officers. They have also

published information regarding their appointment in various newspapers having

wide circulation in Mumbai City and suburban areas and displayed it on the

official website of the SRA. Separately, the SRA also issued a notice to the

concerned developers asking them to pay all eligible slum-dwellers within 15

days, or face legal action and suspension. Such notices were also published in two

local newspapers.


             (ii)   Appointment of Auditors for determining pending transit rent:-


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While dealing with the issue of non-payment of the transit rent, this Court had

also directed the SRA to take necessary action based on the complaints or

grievances of the slum dwellers in respect of pending transit rent. It was also

noted that this Court noted that the SRA can indicate the action taken as against

such representations/complaints on their portal. This was in addition to the

individual communications made to the cooperative societies of slum dwellers

which are already made.


             In furtherance of this direction, the SRA regularly appoints auditors to

determine the amount of transit rent pending in respect of societies from which

any complaints regarding the non-payment of transit rent have been received. As

on 30 June 2025, the position was that the SRA had appointed 155 empanelled

auditors. The assessment of pending rent in the 155 schemes is reflected in the

following statement:-

                Ward         Societies / Schemes        Auditors Appointed
                 A                     0                         0
                 B                     0                         0
                 C                     0                         0
                 D                     0                         0
                 E                     0                         0
                F/S                    5                         5
                F/N                   17                        17
                G/S                    7                         7
                G/N                   10                        10
                 L                     3                         3
                M/E                    8                         8
                M/W                    2                         2
                 N                     3                         3
                 S                     6                         6
                 T                     6                         6
                H/E                    4                         4
                H/W                    7                         7
                K/E                   12                        12


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                K/W                  6                       6
                P/S                 10                      10
                P/N                 22                      22
                R/S                 14                      14
                R/C                 12                      12
                R/N                  1                       1
               TOTAL                                       155



179.         Based on the transit rent determined by the appointed auditors, the SRA

issued notices to the concerned developers asking them to pay all eligible slum-

dwellers within 15 days, or face legal action which includes suspension. Such

notices are also published in two local newspapers.


180.         Circular No. 210 and 210A. - These circulars are issued in furtherance of

the orders passed by this Court. The salient features thereof are as follows:-


(i)          In respect of new projects at the stage of Annexure III (financial capacity

of the developer), the developer is to submit a plan indicating the area proposed

to be developed in each phase i.e. Phase I, II, III etc. The developer is required to

submit a statement by the architect indicating the number of structures required

to be demolished in each phase as well as the area to be developed in each phase.


(ii)         Most importantly, the Developers must deposit two years transit rent in

advance and one year's rent must be deposited by way of post-dated cheques for

the third year for the slum dwellers who would be evicted in the first phase. The

Executive Engineers of the SRA are to process the Letter of Intent only after

receipt of transit rent,


(iii)        The Commencement Certificates shall also be issued in a phase wise

manner. For getting permission for further construction, the Developer would be

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required to deposit 2 years advance rent and postdated cheques for the third year,


(iv)         No new proposals of defaulting developers/ firms, and their

partners/directors would be accepted until they deposit transit rent,


(v)          Defaulting developers will not be appointed as developers irrespective of

the consent of slum dwellers in existing proposals of SRS where an agreement

with an existing developer is terminated;


vi)          Developers that defaulted in providing PAP/PTC tenements to SRA, their

SRS proposals will not be accepted;


vii)         The Executive Engineer will ensure that PAP/PTC tenements are

earmarked in approved plans at the time of intimation of Approval.                       The

Executive Engineer will also ensure that the agreement for PTC/PAP tenements

is registered in favour of SRA before the issue of further commencement

certificate of free sale buildings. Executive Engineer will restrict to 25% sale

commencement certificate [17(3)(D)(b)(6) of the DCPR 2034] till PAP

tenements are duly handed over to SRA.


181.         It is stated that pursuant to Circular Nos.210 and 210A, the SRA has

recovered substantial pending rents of Rs.12,41,58,88,792/- as per the following

table:

                Statement of transit rent recovered under Circular No. 210 as of 1
                August 2024
                 Sr.
                           Ward            Rent Amount Collected From the Developers
                 No.
                  1          A                             36123300
                  2          B                                  0
                  3          C                                  0


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                  4        D                                 0
                  5        E                             16904535
                  6       F/S                            43343565
                  7       F/N                           125804950
                  8       G/S                           123549759
                  9       G/N                          5570091667
                 10        L                            219205799
                 11       M/E                            45612600
                 12       M/W                           509134537
                 13        N                              1800000
                 14        S                             92198366
                 15        T                            275106098
                 16       H/E                           249017899
                 17       H/W                           744781933
                 18       K/E                          1289259792
                 19       K/W                          1377490512
                 20       P/S                           111393600
                 21       P/N                           537645830
                 22       R/S                           129732419
                 23       R/C                            33780247
                 24       R/N                           874910484
                Tota
                                                   12,41,58,88,792
                  l



             Illegal sale of Project Affected Persons tenements and steps taken to meet
             the same. -

182.         In various slum projects, it was noticed by the SRA that the tenements

reserved for rehabilitating Project Affected Persons (PAPs) were not handed over

by the developer and unlawfully given away to either slum dwellers or sold as free

sale units, or despite being handed over were being unlawfully occupied either by

ineligible slum dwellers or third parties who claimed to be purchasers of such

tenements.


183.         PAP tenements are stated to be vital for creating a pool of housing in

Mumbai. These tenements are essential for carrying out infrastructure projects

and rehabilitating persons affected by such projects. Hence, to ensure that the


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PAP units are not unlawfully dealt with by the developers, the measures are

taken. To prevent the illegal sale of the PAP/PTC tenements by the developers as

well as the allotted rehab tenement by eligible slum-dwellers before the lock in

period, the following steps were taken:


             (i)     Developers are required to earmark the PAP/PTC tenements in

approved plans, wherever necessary;


             (ii)    Approved plans are displayed on the SRA website for information

to the general public;


             (iii)   A registered undertaking to be furnished by concerned developers

stating that the PAP/PTC tenements will be duly handed over to SRA, and no

third-party interest will be created in respect of these tenements,


             (iv)    Developers are mandated to display hoardings in conspicuous

places or at the entrance of the project site mentioning details of PAP/PTC

tenements;


             (v)     Copy of approved plans wherein PAP/PTC tenements are

earmarked will be shared with the Maharashtra Real Estate Regulatory Authority

(RERA) and the Department of Registration and Stamps (DoRS), requesting

them to add it to their record. DoRS will be requested to enter these PAP/PTC

tenements in their negative list and not register any agreement with respect to

these tenements; and


(vi)         In order to prevent the sale of rehab tenements within five years of

allotment, the SRA has forwarded the letters to the Inspector General of

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Registration and Controller of Stamps requesting them to insist on the

permission of SRA prior to the registration of the agreement.


Eviction of obstructing slum dwellers under Sections 33 and 38 of the Slum Act.

             (i)     Section 33 of the Slum Act empowers the competent authority to

direct eviction of occupants from buildings on being satisfied that the occupants

of the building have not vacated despite an order or direction made by the

competent authority. Before ordering such eviction, the competent authority

must give a hearing opportunity to the occupant. In most cases, two hearing

opportunities are granted to the occupant to present their case and after such

hearing and an approval from the CEO, the Competent Authority passes an

order of eviction. The Competent Authority also has the power to demolish

buildings as per Section 38 of the Act.


             (ii)    The summary of action initiated under Sections 33 and 38 from 1

April 2024 to 11 November 2025 is set out according to which, 205 applications

under Section 38 were received and                 6423 tenements were ordered to be

demolished, out of which 5162 tenements were demolished and demolition of

1261 tenements is stated to be in progress.


             (iii)   Staffing the SRA. - 10 appointments were made as Competent

Authority            (Deputy   Collector)   for    online   Annexure-II,   25   Assistant

Commissioners of BMC wards are also the Competent Authority for BMC land

and there are separate Competent Authority for MHADA land. 3 Deputy

Collectors (Special Cell) were appointed to initiate action under sections 33 and


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38 of the Slum Act conducting hearings under section 13(2) and 30% Permanent

Staff has been appointed as per Government Resolution dated 11 July 2024.

Increase in the staff is done to cope with the large number of

applications/proposals which are revised by the SRA at various stages.


184.         The following documents in regard to the staffing pattern has been placed

on record:-


                    SLUM REHABILITATION AUTHORITY BRIHANMUMBAI
                                  Organisational Structure

  SR.                          Designation                       Count        Department
  NO
   1         Chief Executive Officer                              1      (Senior, Indian
             (Senior, Indian Administrative Service Officer in           Administrative Service
             the rank of Secretary)                                      Officer) Housing
             Slum Rehabilitation Authority, Brihanmumbai                 Department, State of
                                                                         Maharashtra

  I.       Officers/Employees working in Admin Department -

    The Slum Rehabilitation Authority, Brihanmumbai, is responsible for supervising the
  functioning of various departments and maintaining overall administrative control and
  keeping an eye on financial matters.
   Sr.                      Designation                       Count          Department
   No.
    1    Secretary (Additional Collector Cadre) Slum            1        Administration and
         Rehabilitation Authority, Brihanmumbai                             Establishment
    2    Administrative Officer                                 1
    3    Asst. Administrative Officer                           1

  II. Officers/Employees working in Deputy Collector Cadre (Special Cell)/SRA (Deputation
      from Revenue and Forest Department) –


  III. They issue Legal Heir certificate and carry out procedure under Section 33(B), Section
       33/38

  SR.
                               Designation                       Count    Area of Jurisdiction
  No
             Deputy Collector Cadre Group-A (Special Cell-
                                                                  1
             1) SRA
       1                                                                      Mumbai city
             Tahsildar - Group-A                                  1
             Naib Tahsildar - Group-B                             1
       2     Deputy Collector Cadre Group-A (Special Cell-        1        Mumbai Western
             2) SRA                                                           Suburbs

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             Tahsildar - Group-A                                 1
             Naib Tahsildar - Group-B                            1
             Deputy Collector Cadre Group-A (Special Cell-
                                                                 1
             3) SRA                                                        Mumbai Eastern
    3
             Tahsildar - Group-A                                 1           Suburbs
             Naib Tahsildar - Group-B                            1

  IV. Officers/Employees working in Competent Authority 1 to 10/SRA (Deputation from
      Revenue and Forest Department) -


  V.    Competent Authority issues Annexure-II and thereby decide eligibility for Slum
        Dwellers
  SR.
                              Designation                     Count       Area of Jurisdiction
  NO
             Competent Authority 1 (Deputy Collector
                                                                 1
             Cadre) Group-A
    1                                                                        Mumbai city
             Tahsildar - Group-A                                 1
             Naib Tahsildar - Group-B                            1
             Competent Authority 2 (Deputy Collector
                                                                 1
             Cadre) Group-A
    2                                                                           Bandra
             Tahsildar - Group-A                                 1
             Naib Tahsildar - Group-B                            1
             Competent Authority 3
                                                                 1
             (Deputy Collector Cadre) Group-A
    3                                                                          Andheri
             Tahsildar - Group-A                                 1
             Naib Tahsildar - Group-B                            1
             Competent Authority 4
                                                                 1
             (Deputy Collector Cadre) Group-A
    4                                                                          Oshiwara
             Tahsildar - Group-A                                 1
             Naib Tahsildar - Group-B                            1
             Competent Authority 5
                                                                 1
             (Deputy Collector Cadre) Group-A
    5                                                                           Malad
             Tahsildar - Group-A                                 1
             Naib Tahsildar - Group-B                            1
             Competent Authority 6
                                                                 1
             (Deputy Collector Cadre) Group-A
    6                                                                         Goregaon
             Tahsildar - Group-A                                 1
             Naib Tahsildar - Group-B                            1
             Competent Authority 7
                                                                 1
             (Deputy Collector Cadre) Group-A
    7                                                                           Borivali
             Tahsildar - Group-A                                 1
             Naib Tahsildar - Group-B                            1
             Competent Authority 8
                                                                 1
             (Deputy Collector Cadre) Group-A
    8                                                                         Ghatkopar
             Tahsildar - Group-A                                 1
             Naib Tahsildar - Group-B                            1
             Competent Authority 9
                                                                 1
    9        (Deputy Collector Cadre) Group-A                                    Kurla
             Tahsildar - Group-A                                 1


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             Naib Tahsildar - Group-B                               1
             Competent Authority 10
                                                                    1
             (Deputy Collector Cadre) Group-A
   10                                                                             Chembur
             Tahsildar - Group-A                                    1
             Naib Tahsildar - Group-B                               1

  VI. Officers/Employees working in Biometric cell

  VII.Biometric Survey work is carried out by visiting houses every slum dweller in the slums of
      Greater Mumbai through external survey agencies appointed by the SRA
  S.N
                           Designation                         Count      Area of Jurisdiction
   o
   1     Chief Co-ordinating Officer (Biometric cell)            1
                                                                            Brihanmumbai
   2     Naib Tahsildar                                          1

  VIII.      Officers/Employees working in Estate Department

         1. Distributing PAP flats to newly eligible slum dwellers as per the prevailing norms of
            the government after the scheme is completed.
         2. Taking possession of PAP/PTC flats available in the scheme.

   Sr.
                              Designation                        Count         PAP tenaments
   No
    1        Estate Manager                                         1
                                                                           1) Distributing PAP
                                                                           flats to newly eligible
                                                                           slum dwellers as per
                                                                           the prevailing norms
                                                                           of the government
    2        Sub Engineer                                           1      after the scheme is
                                                                           completed.
                                                                           2) Taking possession
                                                                           of PAP/PTC flats
                                                                           available in the
                                                                           scheme.

  IX. Officers/Employees working in Engineering Department -


  Engineering department deals with work of declaration of slums u/s. 3(C) of Slum Act,
  accepting Slum Rehabilitation schemes as per SRA circular no.144, giving approvals such as
  Letter of Intent (LOI), Intimation of Approval (IOA), Commencement Certificate (CC),
  Occupation Certificate to the Slum Rehabilitation Projects.

  S.N
                              Designation                       Number              Ward
   o
                                                                           1) Mumbai City,
    1        Deputy Chief Engineer Group-A                          2      Western Suburbs 2)
                                                                           Eastern Suburbs
                                                                           1) G/S, M/E, F/S,
                                                                           A,B,C,D,E,F/N,R/N,
    2        Executive Engineer Group-A                             6      H/E,G/N,L,R/S
                                                                           2) H/W, K/W

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                                                                 3) K/E, M/W
                                                                 4) N,S,T
                                                                 5) DHARAVI
                                                                 6) R/C, P/N, PS
                                                                 1) A, B,C,D,E,G/N
                                                                 DHARAVI
                                                                 2) K/E(s)
                                                                 3) F/N
                                                                 4) H/E
                                                                 5) S
                                                                 6) K/W
                                                                 7) P/N(w), PS
                                                                 8) R/N
    3        Assistant Engineer Group-B                     17
                                                                 09) R/C
                                                                 10) L
                                                                 11) M/W
                                                                 12) N
                                                                 13) R/S
                                                                 14) P/N(e)
                                                                 15) M/E,F/S
                                                                 16) K/E(N)
                                                                 17) H/W
                                                                 1) A, B, K/E(S)
                                                                 2) S(W)
                                                                 3) R/S
                                                                 4) K/W(S)
                                                                 5) F/N, F/S
                                                                 6) C
                                                                 7) G/N, DHARAVI,
                                                                 D,E
                                                                 8) H/E, H/W(N)
                                                                 9) K/W
                                                                 10) T(E), S(E), N
                                                                 11) P/N(W)
    4        Sub Engineer Group-C                           21   12) P/N(E)
                                                                 13) K/E(N)
                                                                 14) R/N, G/S
                                                                 15) R/C
                                                                 16) L, P/S
                                                                 17) K/W(N)
                                                                 18) T(W)
                                                                 19) H/W(S)
                                                                 20) M/W,
                                                                 ANNABHAU
                                                                 SATHE
                                                                 GHATKOPAR
                                                                 21) M/E, Ramabai
                                                                 Ambedkar Ghatkopar


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  X. Officers/Employees working in (Deputation) Co-operative Department -

  The proceedings under the Co-operative act are being carried out as per the provisions of the
  Maharashtra Slum (Improvement, Clearance and Redevelopment) Act, 1971 and the
  Maharashtra Co-operative Societies Act, 1960 and Rules, 1961.
  SR.
                           Designation                        Count               Ward
  NO
                                                                            1) Mumbai City
   1    Assistant Registrar Group-B                             2          2) Eastern Suburbs,
                                                                            Western Suburbs
                                                                            Eastern Suburbs,
   2    Co-operative Officer Category 1 Group-C                 1
                                                                            Western Suburbs
                                                                            Eastern Suburbs,
   3    Co-operative Officer Grade 2 Group-C                    3           Western Suburbs,
                                                                              Mumbai City

  Officers/Employees working in Land Records Department
  They work as per the SRA Circular No. 144 and 144A
   Sr.
                          Designation                   Number                    Area
  No
    1    Deputy Director Land Records Group-A             1                  Brihanmumbai
    2    Conservation Surveyor Group-C                    2                  Brihanmumbai

  Officers/Employees working in Town Planning Department /SRA
  To give Sectorial Planning remarks regarding proposals received under circular no. 144 and
  144 A. To give sectorial planning remarks regarding proposals received under section 14(1).
  To Process proposals received under section 37(1B).
   Sr.
                            Designation                      Number               Area
   No
    1    Assistant Town Planner Group-A                          2          Brihanmumbai
    2    Assistant Draftsman                                     1          Brihanmumbai
  Officers/Employees working in Finance Department
  They issue Annexure-3.

     To take action by the Authority for the payment of leave pay and pension contributions of
  the officers/employees on deputation of the Slum Rehabilitation Authority, Brihanmumbai.
  Also, the work of verifying the calculation of the amount deposited with the Authority and
  accepting the amount and maintaining all relevant records of the deposit is done.

  SR.
                            Designation                                 Number
  NO
   1     Finance Controller Group-A (Joint Director)                         1
   2     Accounts Officer Group-A                                            2
   3     Assistant Accounts Officer Group-B                                  2
   4     Deputy Accountant Group-C                                           1
  Officers/Employees working in Slum Rehabilitation Authority, Brihanmumbai office
  Contractual Retired staff
  S.N
                            Designation                                 Number
   o
   1     Officer on Special Duty (Retired ACP)                               1
  Officers/Employees working in Legal Department
  They are Contractual Staff-Supervising the work of the legal Department, attending hearings


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  and meetings before the Hon’ble Chief Executive officer and performing all other duties
  assigned by the Hon’ble Chief Executive and secretary.
   S.
                           Designation                                  Number
   No
    1    Chief Legal Advisor (Retired Judge Family court)                   1
    2    Deputy Legal Advisor                                               1
    3    Assistant Legal Advisor                                            1
    4    Legal Assistant                                                    5
  Officers/Employees working in Apex Grievance Redressal Committee
  They take action on appeals filed before AGRC under Section 35 of the Maharashtra Slum
  Areas (Improvement, Clearance and Redevelopment) Act, 1971.

    S.
                            Designation                                      Number
   No
    1     Chief Legal Advisor                                                     2
    2     Assistant Legal Advisor                                                 2
    3     Legal Assistant                                                         3
  Officers/Employees working in Quality Control Cell Contractual
  (Retired Government / Semi-Government employees)
   They monitor construction quality of SRA rehab Buildings.
   S.N
                            Designation                                      Number
    o
    1     Deputy Chief Engineer Group-A                                           1
    2     Executive Engineer Group-A                                              1
    3     Assistant Engineer Group-B                                              1
    4     Sub Engineer Group-C                                                    1
  Officers/Employees are contractual staff working in IT cell
  They are The Information Technology Department of the Slum Rehabilitation Authority is
  instrumental in driving digital transformation across the organization. It is responsible for
  implementing technology driven solutions that enhance operational efficiency, ensure data
  integrity and provide key functions.

   S.
                              Designation                                  Number
   No
             Chief Information and Technology Officer
    1                                                                          1
             (Retired staff)
    2        Information and Technology Officer                                1
    3        Asst. Information and Technology Officer                          2



             Steps taken to create a pool of housing.

185.         Creation of PAPs from slum projects. - In all the slum schemes which are

being constructed as per Reg. 33 (10) (3.12) (C) of the DCPR-2034, the number

of rehabilitation tenements to be constructed are required to be as per the Draft

Annexure II.           This includes the ineligible slum dwellers as well. On final


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determination of eligibility, in case the total tenements constructed are more than

the eligible slum dwellers, the balance tenements are used for housing non-

protected occupiers and PAPs. These PAPs which are a part of each slum scheme

are constructed by the developer and are to be handed over to the SRA. The

PAPs then, as per requirement, may be handed to other public authorities or

retained by the SRA.

186.         The details of number of PAP tenements received by the SRA and allotted

to PAP between November 2017 to 14 July 2024 (period of about 7 years) are as

follows:


               Sr. PAP tenement handed over between         Number of PAP
               No.     November 2017 to 10/11/2025            tenements
                  1 Received PAP                                27742
                  2 Allotted PAP                                24583
                    (a) MCGM                                     2563
                    (b) MMRDA                                   20190
                    (c) Deputy Collector                          77
                    (d) SPPL / MMRCL                               0
                    (e) PWD                                      169
                    (f) Leave & License                          266
                    (g) Allotment by SRA                         1318
                  3 Balance                                      3159



(ii)         Provisions of DCPR for creation of PAP and PTC tenements.- Regulation

33 (10) (3.12) (C) contemplates creation of PAPs in each Slum Scheme.

Regulation 33 (11) of the DCPR 2034 stipulates creation of Permanent Transit

Camps (PTCs) for the SRA. As per 33 (11), the scheme is specifically approved

for constructing transit camps which may be used by the SRA for housing slum

dwellers from other schemes. These provisions are enacted for ‘creating a pool of

housing’ which may facilitate the vacating of public and private lands.

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(iii)        Bhonsale Committee. - In the proceedings of Writ Petition (L) No. 8970

of 2023 this Court passed an order on 3 November 2023 observing that there is

no policy in respect of PAP tenements and the allocation of such tenements.

Accordingly, this Court suggested formation of a Special Task Force for accessing

the situation of PAP and various policies in force and also make

recommendations to the Government in this regard.


187.         Pursuant to the said order of this Court, a Government Resolution dated

22 November 2023 was issued forming a task force headed by Justice Bhosale

(Rtd.) to analyse the prevailing policy pertaining to generation, recovery and

sharing of the PAP tenements by various planning authorities such as MCGM,

MMRDA, SRA etc.


188.         The task force held meetings on various occasions and has prepared its

Report dated 15 January 2024 assessing the existing policies in respect of

generating PAP tenements and giving its recommendations regarding the

preferential allocation of PAP tenements. The committee made several

recommendations such as formation of Public Project Implementation Authority,

whose purpose would be to take note of all ongoing public projects and check the

number of persons being displaced by execution of a public project. The

committee recommended preparation of a database of all such persons and also a

database of PAP tenements available and then allot the PAPs accordingly.


189.         The recommendations of the Committee were considered by the State

Government and a Housing Policy was prepared accordingly.



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                            Housing Policy (2024).-


190.          Government Resolution dated 19 August 2024 covering the PAP policy

was notified. Under the housing policy, the following obligations are cast on the

different authorities:-


             (i)      The BMC/SRA and MMRDA must devise an action plan to create

             sufficient housing units in the next 15 years. In cases, where PAP need to

             be urgently accommodated, they must provide the tenements in 3 to 5

             years;


             (ii)     Excess tenements generated by MHADA and BMC under

             Regulations 33(7) and 33(9) of the DCPR 2034 must be utilised for PAP

             tenement allotments;


             (iii)    CEO, SRA must suggest the MMRDA and BMC to adopt schemes

             under Regulations 33(10), and 33(10) (3.11) of the DCPR 2034. This

             would enable the MMRDA and BMC to purchase tenements in bulk from

             the free sale components under such schemes;


             (iv)     The Urban Development Department is required to coordinate

             with concerned departments to make government land and salt pan lands

             of the Central Government available for the construction of PAP

             tenements;


             (v)      Additional incentives in built-up area would be available to

             developers building PAP tenements.



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             (vi)       In lieu of collecting premium from builders under Regulation 33

             (10), the SRA may obtain PAP tenements from developers;


             (vii)      Process for distribution of PAP flats;


             (viii)     Consideration to be paid by the BMC/MMRDA to acquire flats

             from the SRA;


                     Acquisition of Land as per the scheme of Section 14 as amended under
                     Chapter I-A.
191.          Development of slum on private lands by owners of such lands:


              (i)       The owners of private lands which are proliferated with slums, and

              which are declared in accordance with law to be slums, can themselves

              redevelop these lands in accordance with the provisions of the Slum Act as

              also the circulars issued by the SRA in that regard. Circular 144A pertains

              to the manner of submission of schemes by owners of the land.


(ii)          In order to expedite the submission of the schemes, the owners are

exempted from furnishing consent of 51% of the slum dwellers at the time of

submission of the schemes. The requirement of furnishing consent is to be

complied with before the issuance of the LOI. This measure is introduced in

order to expedite the submission of schemes by the owners.


(iii)         Under Section 13 (1) of the Slum Act, a proposal is required to be

presented by the owners within 120 days of issuance of a notice by the CEO,

SRA. The provision has been interpreted by this Court in the case of Indian

Cork Mills Private Limited (supra) and Bishop John Rodrigues (supra).


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             (iv)   These decisions have been affirmed by the Supreme Court in the

             cases of Tarabai Nagar Co-Op. Hsg. Society (Proposed) (supra) and

             Saldhana Real Estate Limited vs. Bishop John Rodrigues (supra). The

             Supreme Court has held that a notice of 120 days is required to be given

             specifically to the owner calling upon the owner to submit a slum scheme

             for redeveloping the land. In the case of Nagar Co-Op. Hsg. Society

             (Proposed)(supra), it was held that the owners have a preferential right to

             redevelop the land and the power to acquire under Section 14 cannot be

             relied on till such preferential right has been exercised and/or exhausted.


             (v)    The right of the owners to develop the land is given primacy.

             Sections 13 and 14 were interpreted in a manner which safeguards the

             ownership rights of individuals whose lands were proliferated by slums

             and it is only after the opportunity of redevelopment is granted and the

             owner fails to come forward, is the process of acquisition resorted to.


                    Circumstances in which the power of acquisition is exercised. -


192.         The power of acquisition is exercised only in cases of total inaction on the

part of the owners and only after the prescribed procedure for issuance of notice

has been duly followed and no scheme has been submitted. Accordingly, the State

Government, in exercise of its powers under Section 14 of the Slum Act, acquires

the land by issuing a notification and publishing the same in the Official Gazette.


193.         Once the land is vested in the State of Maharashtra, the land is thereafter

handed over to the SRA, either by appointing an agency or by allotment to a co-


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operative housing society of the slum dwellers.


                   Calculation of quantum of compensation :-


194.         The quantum of compensation is determined in accordance with Section

17 to be paid to the owner. Where there is a consensus, the compensation is fixed

by agreement between the owners of the land and the State Government, and

shall be paid accordingly.


                   Challenge to the constitutional validity of Sections 14 and 17:-


195.         The vires of Sections 14 and 17 were challenged before this Court in the

case of Sara Harry D'Mello v. State of Maharashtra (supra). Rejecting the

challenge, this Court reiterated that the right to property is no longer a

fundamental right. Further, relying on a plethora of decisions, the Court observed

that the method of computation cannot be challenged in Courts. It was observed

that in case of slum lands, these lands are entirely encroached by slum dwellers

and it is in this context that the compensation payable can be calculated.


                   Grievance and Apex Grievance Redressal Committees. -


196.         Following the orders passed by this Court in Tulsiwadi Navnirman

Co.Op. Housing Society in the year 2007, the State Government to constitute a

High Power Committee (HPC) which would deal with the grievances of slum

dwellers, developers and all aggrieved parties. In the year 2017, the Government

of Maharashtra constituted the Apex Grievance Redressal Committee and

Grievance Redressal Committees. In the year 2023, necessary amendments were

made to the Slum Act to introduce the Apex Grievance Redressal Committee and

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Grievance Redressal Committees. (Sections 34A and 34B).


197.         The powers of the Apex Grievance Redressal Committee are as follows:


             (i)     To hear and dispose of the appeals against the order of CEO/SRA

             or any officer to whom such powers are delegated;


             (ii)    To hear and dispose of the appeals against declaration of Slum

             Rehabilitation areas under Section 3(C) of the Slum Act;


             (iii)   To hear and dispose of the appeals against clearance orders under

             section 3(D) of the Slum Act;


             (iv)    To hear and dispose of the appeals against orders under section 13

             of the Slum Act;


             (v)     To hear and dispose of the appeals against orders under section 33;


             (vi)    To hear and dispose of the appeals against orders under section 38;


             (vii) To hear and dispose of the appeals against orders under section

             3(E);


             (viii) To hear and dispose of challenges pertaining to LOI, approvals, any

             order passed by the CEO, SRA or their subordinate officers, rent-related

             issues and any other grievances.


198.         It is stated that the formation and constitution of the AGRC was in

consonance with the directions of the Court in the case of Tulsiwadi Navnirman

Coop. Housing Society (supra). The said constitution was provided taking into



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account the fact that the members of the AGRC are people who are aware of the

working of the slum laws and also the ground realities. The redevelopment of

slums being done for housing of slum dwellers and also to create a pool of

housing, the Additional Chief Secretary Housing is made the Chairman of the

AGRC. The other members of the AGRC are also high ranking officers who are

familiar with planning laws and also the procedures and ground realities of slum

rehabilitation. The nature of the proceedings before the AGRC is quasi -judicial

and hence, the same is not intended to be a judicial tribunal.


                   Tenement density and the facilities being provided in slum

             buildings:


199.         It is stated that accommodation in multistorey towers is a reality in

Mumbai. Due to the acute lack of space, housing in Mumbai is almost

everywhere in the form of tall towers, whether for private residences or public

housing schemes. Slum rehabilitation schemes are no exception to this pattern.

Further it is stated that an endeavour is made to provide better housing

conditions, and all necessary steps are taken to ensure that adequate facilities and

amenities are made available in the rehabilitation buildings. Under Regulation

33 (10) (8), facilities such as a Balwadi, Welfare Hall, Aanganwadi, Health

Centre, Community Hall, Gymnasium, Skill Development Centre, Women

Entrepreneurship Centre, Yuva Kendra, Society Office and religious structures

may be provided in the rehabilitation component. Any two of the amenities,

apart from the Balwadi and Welfare Hall, may be provided in a scheme.



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             Utilization of FSI. -


200. FSI in slum rehabilitation schemes is provided as per Regulation 33 (10)

(3.2) of DCPR 2034. Under DCR 1991, there was a cap on the permissible FSI

that could be utilized, which resulted in planning constraints. Under DCPR

2034, the permissible FSI is calculated based on the area required to rehabilitate

all the slum dwellers. The free sale FSI is generated as per the Incentive built up

area table.


201.         A minimum 650 tenements of 300 sq. ft. aggregating to approximately

2100 sq. mts. has to be constructed on a One Hectare plot of land. Depending on

the size of the plot, the said figure is proportionately increased or decreased. The

free sale component is determined as per the Chart as set out in DCPR 33 (10)

(3.2), depending on the area of construction of the rehabilitation component. As

per the said Chart, the free sale component ranges between 0.8 to 1.35 times the

area of the rehabilitation component depending on the size and location of the

plot of land. If the plot of land is an area where the cost of land is high, the free

sale component has a lesser percentage than the area where the price of land is

lower. If the number of slum dwellers is less, then the balance area of the

rehabilitation component has to be made available as PAPs in order to avail of the

incentive (3.12 (C) (proviso) of DCPR 33(10).


                    Corpus amount: -


202. The corpus amount was originally fixed at Rs. 40,000/- per tenement. It

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was subsequently found that this amount was inadequate for the maintenance of

the building. Accordingly, the corpus amount was revised. As per the

Notification dated 22 September 2025, the corpus amount is now calculated

based on the height of the rehabilitation building. For buildings up to 70 metres,

the corpus amount is Rs. 1,00,000 per tenement. For buildings above 70 metres

and up to 120 metres, the corpus amount is Rs. 2,00,000 per tenement. For

buildings above 120 metres, the corpus amount is Rs. 3,00,000 per tenement

only.

              Defect Liability period.-

203. As per Circular 108, a Defect Liability Period of 3 years was specified for

maintenance of the building after occupation. It was subsequently observed that

the said period of three years was insufficient. Accordingly, the SRA vide Circular

No. 216 dated 21 February 2024, increased the Defect Liability Period to ten

years. A condition to that effect has been incorporated in the LOI, wherein the

Defect Liability Period is specified.


204. Also at the time of issuance of the LOI, a bank guarantee of 2% of the

construction cost is taken from the developer. This bank guarantee is released

only after the expiry of the defect liability period of 10 years. Such circular has

been implemented by the SRA and on receipt of such application for any defects

which arise in the construction after occupation, the SRA calls upon the

developer to remedy the same.

              Providing Open Spaces :-



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205. Minimum requirement of space between buildings as per DCR is

maintained. At the time of approval of plans, NOC from Fire Department is

required to be obtained by the developer. Also before issuing OC, the NOC of

the Fire Department has to be obtained. Therefore the allegation of movement of

fire-brigade are misplaced. Such issues are duly taken into account in the DCR

while providing for the distance between the buildings.


206. As per the provisions of 33 (10), the minimum layout open space

requirement is 8%. Hence, when the plots are subdivided for free sale and

rehabilitation buildings, the land is divided on the basis of the FSI consumed for

the said land and the area which is sufficient to sustain such FSI. Depending on

the size of the plot, the open spaces are accordingly divided.


             “Response to the suggestions note on behalf of the Amicus dated 28th
             November 2025

             I. Declaration of slums and rights of landowners.

               1. Policy of housing of SRA.

                  1.1. Presently, the policy is as under:

                       i. Premises are given on ownership basis free of cost to eligible

                       slum dwellers who are occupying tenements in slums prior to

                       2000.


                       ii. Allotment of tenements on ownership basis to occupiers in

                       slums who are occupying tenements in slums from the years

                       2000 to 2011 on payment of Rs. 2,50,000/-.


                       iii. Ineligible slum dwellers and slum dwellers who have been

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                      occupying the tenements after 2011 are not entitled to any

                      tenement and are evicted.


             2. The grant of premises on ownership basis to slum dwellers.

               2.1. The grant of premises on ownership basis to occupants is a

               policy decision of the Government of Maharashtra as incorporated

               in the legislative scheme, which has been in force in the State of

               Maharashtra right since inception. The same is balancing the right to

               housing which is treated as a part of right to life under Article 21 of

               the Constitution of India of slum dwellers, and the right of the

               society to remain free from squalid and insanitary conditions and the

               danger posed by slums.


               2.2.     The statutory audit of the functioning of the Slum Act does

               not envisage the reassessment of the entire legislative scheme and the

               policy of the Government. The present scope of the matter does not

               envisage considering the validity of the existing laws or to disturb

               the entire legislative policy but rather to consider how the legislative

               policy as incorporated in the statute can be more effectively

               implemented.


             3. Private lands and protecting landowner rights.

               3.1.     The SRA in Note II dated 12th November 2025 in Chapter

               XIV (pg. 85) sets out the entire process of acquisition which is

               envisaged under the Slum Act. Further, the SRA has set out in the


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             said Chapter the process being followed pursuant to the decisions

             rendered by the Hon’ble Supreme Court. The Learned Amici in the

             Suggestion note have placed reliance on the earlier decisions of the

             Hon’ble Bombay High Court in the case of Bishop Rodrigues, Anil

             Gildas Shah and Indian Cork Mills. These decisions have been

             extensively considered by the Supreme Court in the cases of Tarabai

             Nagar Co-Op. Hsg. Society (Proposed) (supra) and Saldhana Real

             Estate Limited vs. Bishop John Rodrigues (supra)(see Note II, pg.

             85) Taking into account these decisions, the SRA in its note has set

             out the procedure followed. The entire process of notice under

             Section 13(1) to the owner giving the owner an opportunity to

             develop the property on which there are slums is now governed by

             the aforesaid decisions of the Hon’ble Supreme Court. The

             procedure set out by the Supreme Court is now to be strictly

             followed by the SRA and the State Government. (Please refer to

             Chapter XIV, Note II, pg. 85 submitted by the Advocate General)


             3.2.   As regards “Title Disputes” (Point 10), SRA issues notice to

             the owners whose names are mentioned in the property card and

             does not recognize the ownership claims of a person whose name is

             not in the property card. Such claims are left to be adjudicated in

             appropriate forum.


             3.3.   As regards “Time-Bound Implementation” (Point 12), if the

             owner presents the scheme and thereafter does not carry out

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              development effectively, the power vested under Section 13 can

              always be exercised by the SRA as in any other scheme. The power

              under Section 13 is exercised suo-moto by the SRA.


             4. Government owned lands.

               4.1.    The SRA in Chapter VI – Note II (pg. 49) has extensively

               set out the scientific procedure which is presently being followed to

               identify all lands on which there are encroachments. This procedure

               will ensure that, in future, a comprehensive data of all slums and

               slum dwellers is readily available and all slums are identified, be it

               on public or private lands.


               4.2.    As regards “accountability and prevention of further

               encroachment” (Point 13), in para 6.3.1.5 (Note II, pg. 50) SRA has

               set out that steps are also being taken to develop an application to

               track encroachments. In case of any fresh encroachments, such

               application will raise an encroachment trigger and notify the

               authorities of such encroachment. This is to try and ensure that no

               further encroachment takes place. Once the entire process set out in

               Chapter VI is completed, the extent of encroachments will stand

               crystallized.


               4.3.    As regards “No veto power for occupants” (Point 14), as per

               Regulation 33(10) (1.15) of the DCPR, no consent of the hutment

               dwellers is required for slum rehabilitation projects which are being


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                   undertaken by the State Government / Public Authority /

                   Government Company as defined under Section 617 of the

                   Companies Act 1956 and companies owned and controlled by the

                   State Government.


                   4.4.   As regards “Transparent Tendering” (Point 15) and “Best

                   deal for State” (Point 17), whenever public – private partnership is

                   being resorted to, the Government is adopting a procedure of

                   inviting tender as has been done in some of the cases. The SRA in

                   Note II, para 8.3 (p. 61), para 9.3 (p. 67) and para 9.4 (p. 68) has

                   set out various endeavors which are undertaken by the SRA and the

                   State to implement slum schemes across Mumbai.


                   4.5. As regards “community housing stock” (Point 16) and

                   “community land reserve on public land” (Point 18), the SRA in

                   Chapter XIII (pg. 81) set out the steps taken by the government to

                   create a pool of housing. To create this pool of housing various

                   provisions in the DCPR have been enacted. Further the State of

                   Maharashtra has notified the Housing Policy dated 19th August

                   2024 which seeks to generate public housing units. Various steps

                   have also been taken which are highlighted in the note on behalf of

                   the SRA.


             II. Delays and automatic termination provisions.

               5. Time bound completion of slum schemes.


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                   5.1.   As regards “Mandatory Time-Bound Completion” (Point 19)

                   and “Automatic Application of Section 13(2)” (Point 20), steps are

                   being taken for monitoring the progress of the work in a stage-wise

                   manner. The suggestions regarding the Letter of Intent and

                   Agreements contemplating timely stage-wise completion of all

                   schemes is being actively considered by the SRA. These are the

                   suggestions which are well taken and will be actively considered by

                   the SRA.


                   5.2.   As regards automatic application of Section 13(2), if

                   timelines are provided by the developer as is being considered by

                   the SRA, regular progress reports can also be required to be

                   submitted by the developer so as to monitor the progress as per the

                   timeline furnished. In the event of default in compliance with the

                   timelines, SRA can initiate proceedings to make the developer

                   accountable, including, if required, initiation of proceedings under

                   Section 13.


             III. Density and apportionment.

               6. Maximum tenement density.

                   6.1. Considering the complex nature of the slum rehabilitation

                   scheme, applying the provisions regarding the density of tenements

                   as provided elsewhere in the DCPR may not be practicable for slum

                   rehabilitation.   A slum rehabilitation scheme has various

                   complexities including the size and shape of land, number of

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             occupants etc. However, adequate safeguards are provided as set out

             hereunder which ensures the maximum construction that can take

             place in a slum rehabilitation scheme.


             6.2. As regards ‘Maximum Tenement Density’ (Point 21), the

             provision of inserting the maximum construction in slum

             rehabilitation schemes is not practicable considering that it may not

             be possible to have an uniform maximum tenement density

             applicable to all slum projects.


             6.3. However, appropriate safeguards are provided in the DCPR

             regarding the FSI that can be utilized in a slum project. There is a

             permissible FSI set out under DCPR 33 (10) (3.8). DCPR 33 (10)

             (3.2) ensures that the utilization of FSI is commensurate with the

             area of the land, the location of the land and the area required to

             rehabilitate the slum dwellers. It effectively ensures that there is a

             maximum density in a slum rehabilitation project. Regulation 33

             (10) (3.2) apart from providing maximum FSI permissible in a slum

             project also sets out the ratio in which FSI will be made available for

             free sale in a slum project subject to the ceiling of the maximum

             FSI. This ensures the balancing of the tenement density. A slum

             rehabilitation project poses unique and different challenges which

             are sought to be answered by the Development Control Regulations

             which is a delegated legislation prepared by experts following the

             detailed procedure under the MRTP Act. Disturbing a part of the

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               said DCR which deals with varied situations may render the entire

               scheme and regulation unviable. (Please see Chapter XVI, para 16.2,

               pg. 97)


             7. Building safety standards and fire protection.


               7.1. As regards ‘No relaxations to the minimum distance of 6m

               between two rehab buildings under Regulation 33(10)(6.8) should

               be permitted’ (Point 22(a)), at every stage, the clearance from the

               Fire Department is obtained and all safeguards required from the

               fire perspective are taken. As regards DCR 33(10) (6.8), it provides

               that a minimum distance of 6 meters is maintained between two

               buildings. The power of relaxation is exercised considering unique

               requirements of each slum project and the constraints if any in the

               project. Despite relaxations, adequate distance is maintained

               between the buildings to ensure the movement including of fire

               tenders without which the fire clearance would not be granted.

               7.2. As regards ‘Lighting and ventilation requirements provided

               under Regulation 40 of the DCPR should be made mandatory to

               slum rehabilitation projects’ (Point 22(c)), in given cases strict

               adherence with DCPR 40 may not be practical considering the

               nature of the slum project. As regards Point 22(d), the open space is

               distributed between the rehabilitation and the free sale components

               on the basis of FSI consumed in the rehabilitation component and



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               the free sale. The manner in which open space is provided is already

               explained by the SRA. A slum project is a distinct and different kind

               of housing project which is affected by high densities and less

               spaces.


             8. Apportionment of land between rehabilitation and free sale

             components.


               8.1.      As regards ‘Apportionment of Land between Rehab and Sale

               Components’ (Point 23), the SRA has set out the manner in which

               the FSI and the land is apportioned. Regulation 33 (10) (3.2) links

               the rehabilitation and free sale FSI. It is not a case that there is

               unlimited FSI utilized for free sale however, the rehabilitation FSI is

               capped. Both the components are proportionate and the FSI is

               calculated based on where the slum scheme is situated. Further,

               regulation 33 (10) (8) mandates that amenities are required to be

               provided in a rehabilitation building.


             9. Developer’s entitlement conditional on compliance and protection

             of third-party purchasers.


               9.1.      As regards ‘Developer’s Entitlement – Conditional on

               Compliance” (Point 24), Regulation 33 (10) (2.6) stipulates that the

               FSI for free-sale is given proportionately and in such manner as

               directed by the SRA. The permission for free sale building is

               dependent on the progress in construction of rehabilitation. The

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                   Developer is entitled to the free-sale only if the rehabilitation and

                   PAP component is completed and duly handed over to the SRA.


                   9.2. As regards ‘Adequate checks and balances to protect bona fide

                   third party purchasers’ (Point 25), the slum scheme proposed by the

                   developer since inception is focused on the construction of

                   rehabilitation building. The entitlement of free sale is dependent on

                   the extent of rehabilitation area constructed.


                   9.3. Even if the developer sells any premises, no right is acquired by

                   the purchaser in the said flat or the scheme in the event of

                   termination of the mandate of the developer.


             IV. Identification of slum dwellers


                10. Cut-off date freeze.


                   10.1.   As regards ‘Cut-Off Date Freeze’ (point 26), Section 3Y of

                   the Slum Act freezes the eligibility to persons having photo passes

                   or documents showing existence of dwelling structure prior 1st

                   January 2000. Section 3X(c) stipulates that only such persons who

                   hold photo passes are protected occupiers.


                   10.2. In paragraph 26(b), it has been suggested that rehabilitation

                   should be permitted on payment of costs for non-protected

                   occupiers. This suggestion stipulates providing tenements to all

                   slum dwellers irrespective of the date of occupation of a tenement

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                 on payment. This in fact would defeat the entire scheme of the law

                 and may further encourage encroachment. As per Section 3B (5) (f),

                 non-protected occupiers having dwelling structures from 2000 to

                 2011 are the only ones entitled to receive tenements on payment of

                 costs. As regard other persons, there are various schemes such as

                 Pradhan Mantri Awas Yojana (PMAY) which may be availed by

                 such persons if so entitled under the scheme.


             11. Time bound and streamlined process for Annexure II, satellite

             survey, centralized master list and biometrics.

                 11.1.   The SRA in Note I, Chapter V, para 5.2.2(pg. 33) set out the

                 earlier process of formation of Annexure II. The issues faced by the

                 SRA in this process are set out in paragraph 5.2.4 (pg. 39). Due to

                 the issues faced, the SRA has now adopted a scientific method of

                 Auto Annexure II and Biometrics which will not only lead to a

                 database of all hutments and hutment dwellers but also will have

                 ready Annexure II for schemes as and when they are presented. As

                 regards Points 27, 28, 30 and 31, an entirely new process of

                 Annexure II and surveys is being carried out which is set out by the

                 SRA in Note II, Chapter VI, paragraph 6.3 (pg. 47) and paragraph

                 6.5 (pg. 53).

              12. Dwelling structure.

                 12.1. A “Dwelling House” is defined in Section 3X (a) of the Slum

                 Act. Only ground floor structures are considered as dwelling

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                   structures. A challenge was made to the policy of the State

                   Government which recognized only ground floor structure as a

                   dwelling house. An assertion was made that even the mezzanine and

                   first floor should be treated as a part of the dwelling structure for the

                   purposes of rehabilitation. This contention was rejected by the

                   Hon’ble Bombay High Court in the case of Pameshkumar Nandlal

                   Sahu v. High Powered Committee & Ors. – WP No. 3075 of 2015

                   and Gopal Chinmaya Shetty vs. State of Maharashtra – PIL (L) No.

                   31310 of 2021.

             V. Selection of Developers.

                 13. The Suggestion Note in Points 32 to 35 suggested empanelment

                 of developers based on objective criteria and financial and technical

                 scrutiny of the developers. The SRA in Note II, Chapter VII,

                 paragraph 7.1 (pg. 56) exhaustively set out the new steps have been

                 taken in order to develop a robust panel of developers who are

                 financially sound and have experience in implementing infrastructure

                 projects. The SRA has in paragraph 7.1.2 (pg. 56) set out the process

                 adopted by them for calling upon developers to submit applications

                 for getting empanelled.


                 14. Further, the SRA has implemented schemes such as amnesty

                 schemes for implementing stalled projects where financial institutions

                 are now being appointed as developers. Furthermore, the SRA in

                 Chapter XVIII, paragraph 8.3 (pg. 61) set out all the steps taken to

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                 revive / implement stalled projects which are not only limited to

                 calling for tenders, but also involve implementing the projects either

                 itself or through joint venture.

                                         Discussion

             Brief Overview


207. Having noted the submissions as made on behalf of the stakeholders as

also the learned Amici and learned Advocate General appearing for the Slum

Rehabilitation Authority, we now proceed to take a review of the slum legislation

for final suggestions to be made. We propose to divide the discussion as under:


(I)          Historical Antecedents of the Slum Legislation:


208. The history of the slum legislation prior to the Slum Act 53 can be traced to

the legislation enacted by the Parliament, namely, The Slum Areas (Improvement

And Clearance) Act, 1956. As seen from the preamble of the said Act, it was

enacted to provide for the improvement and clearance of slum areas in certain

Union territories and for the protection of tenants in such areas from eviction.

The said Act comprised of Seven Chapters, inter alia, dealing with the declaration

of slum areas (Section 3), the provisions for slum improvement as contained in

Chapter III. Provisions on slum clearance and re-development as contained in

Chapter IV. Provisions on acquisition of land in Chapter V. Provisions on

protection of tenants in slum areas from eviction in Chapter VI, and the

miscellaneous provisions in Chapter VII dealing with powers of entry, powers of


53 Maharashtra Slum Areas (Improvement, Clearance and Redevelopment) Act, 1971

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inspection, breaking into buildings, power of eviction, power of demolition,

jurisdiction of the Courts, sanction of competent authority, protection of action

taken in good faith, bar of jurisdiction etc.


209. Insofar as the State of Maharashtra is concerned, in the year 1971, the

State Legislature enacted the Slum Act to make better provision for the

Improvement, Clearance, and Redevelopment of slum areas in the State, as set

out in the preamble to the Slum Act. The Act was brought into force on 03

September 1971.              The Statement of Objects and Reasons, as notified in the

Government Gazette, 1970, Part V, Extra., pp. 252-253, is also required to be

noted, which reads thus:-

             “STATEMENT OF OBJECTS AND REASONS
             (Maharashtra Slum Areas Improvement, Clearance and Redevelopment Bill,
             1970)
             The rapid growth of industries and consequent growth of population and
             over-crowding have created slums in Greater Bombay and other urban areas.
             The slums are a menace to the safety, health and morals of the inhabitants.
             The problem of slum improvement and clearance has been engaging the
             attention of both official and non-official agencies for the past several years,
             and certain schemes for clearance of slum areas have been and are being
             executed by the Maharashtra Housing Board and Local Bodies.
             2.      At present there are certain provisions regarding improvement and
             clearance of slum areas in different laws in force in the State, namely the
             Bombay Municipal Corporation Act, 1888; the Bombay Provincial
             Municipal Corporations Act, 1949; and the Nagpur Improvement Trust
             Act, 1936. These provisions are, however, applicable to the areas in which
             the enactments in question are in force. There is also no uniformity in the
             provisions in these enactments. Moreover, they are not comprehensive.
             3.       It is, therefore, considered necessary to enact comprehensive
             legislation for the whole State somewhat on the lines of the Slum Areas
             (Improvement and Clearance) Act, 1956, enacted by Parliament, with
             suitable modifications to make better provision for the clearance of slum
             areas in the whole of the State and their redevelopment. This Bill is intended
             for that purpose.
                                           Notes on Clauses
             The important provisions proposed in the Bill are explained in the following
             notes on clauses:—

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             Clause 3.—A provision is made for the appointment of Competent
             Authorities. It also provides for appointment of bodies corporate as
             Competent Authorities though the powers and duties will be exercised by
             their Chief Executives generally.
             Clause 4.—This clause empowers the Competent Authority to declare any
             area, which satisfies certain requirements, as slum area.
             Clauses 5 to 7.—These clauses empower the Competent Authority to declare
             any slum area to be a clearance area, to ask the owner to demolish the
             buildings and to allow the owner to re-develop the area in accordance with
             the plans approved by the Competent Authority. The Competent Authority
             can undertake the work of re-development not only if the owner does not
             execute it satisfactorily, but also in case the Competent Authority is satisfied
             that it is necessary to do so in the public interest. Provision has also been
             made for appeals to the Tribunal against confirmation of the clearance order
             by the Administrator and the restrictions imposed by the Competent
             Authority on redevelopment of land.



             Clause 8.—The State Government has been empowered to acquire land for
             redevelopment of clearance area. The land shall vest in the State
             Government from the date of publication of the notice. This would avoid
             delay in acquisition of land.
             Clause 11.—This provides for payment of compensation for the land
             acquired under the Act. The compensation is to be paid as may be
             determined by agreement or equal to sixty times the net average monthly
             income actually derived from such land during the period of five consecutive
             years immediately preceding the date of publication of the notice referred to
             in clause 8.
             Clause 15.—Provision has been made for payment of interest on the amount
             of compensation for the period from the time of taking the possession of
             land till the payment or depositing of the amount of compensation. The rate
             of interest is to be fixed by the State Government but it shall not be less than
             4 per cent.
             Clauses 16 to 20.—These clauses provide for protecting tenants in a slum
             area from eviction, restoration of possession of premises vacated by tenants
             for the purpose of re-erection, and the rents to be charged to tenants after re-
             erection. The re-housed tenant has to pay rent equal to 4 per cent of the cost
             of re-erection of the building and the cost of land on which the building is
             re-erected or standard rent, whichever is more. Other tenants have to pay
             rent according to the general law relating to the control of rents in force in
             that area, and in the absence of such law, rent determined by an authority as
             prescribed under rules to be made by the State Government.
             Clause 28.—This clause empowers the Competent Authority to remove
             offensive or dangerous trades from slum areas.
             Clause 29.—This clause provides for appeals to the Administrator by any
             person aggrieved by any notice, order or direction of the Competent
             Authority except as otherwise expressly provided. The decision of the
             Administrator on appeal shall be final and shall not be questioned in any
             court of law. Thus, while giving due opportunity to any aggrieved party to


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             get this grievance redressed, this will enable speedy execution of the slum
             clearance schemes and avoid inordinate delays resulting from lengthy
             litigations.
             Clause 32.—This clause empowers the Competent Authority to demolish at
             the cost of the owner any building erected or being erected in contravention
             of the provisions of the Act.
             Clause 38.—Reference to the Tribunal has been provided for determining
             the claim of the Competent Authority regarding expenses incurred by it, if
             the claim is disputed, and the amount claimed is to be recovered as arrears of
             land revenue.
                    Bombay, dated the 7th May 1970.
                                                                      N. K. Tirpude,
                                                                 Minister for Housing.”

                                                                 (emphasis supplied)


210.         Incidentally, it may also be observed that in the year 1973, another

legislation, namely, Maharashtra Slum Improvement Board Act, 1973, was

enacted which was granted assent by the President on 26 April 1973. The objects

of the State Act, as seen from the preamble, are to the following effect:-

             “WHEREAS, several slums have sprung up and continue to exist in
             the various areas of the State;
             AND WHEREAS, despite continued efforts by legal authorities,
             Housing Boards, Improvement Trusts and other bodies to remove the
             slums, and to rehouse and resettle the slum dwellers in housing
             colonies and the like, it has not been possible to keep pace with the
             necessities of the situation;
             AND WHEREAS, existing slums are becoming a source of danger to
             the health, safety and convenience of the slum dwellers and also to the
             surrounding areas, and generally a source of nuisance to the public;
             AND WHEREAS, until such time as those slums are removed and
             the persons settled and housed in proper buildings, it is necessary to
             provide the basic necessities, such as water, sanitary arrangements,
             light, etc., to the slum dwellers; and for the purpose of more
             effectively and most speedily providing these amenities, it is now
             expedient to set up a Slum Improvement Board; and to provide for
             matters connected with the purposes aforesaid.”
                                                                    (emphasis supplied)


211.         An amendment to the Slum Act in the year 1978 by Maharashtra Act No.
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13 of 1978 was incorporated. By such amendment, the preamble of the Act was

amended whereby the words “and for protection of occupiers from eviction and

distress warrants” came to be incorporated.


II.   The Maharashtra                Slum       Areas      (Improvement,      Clearance        and
Redevelopment) Act, 1971

212.          This 1971 legislation was enacted to make better provisions for the

improvement and clearance of slum areas in the State and their redevelopment,

subsequent to which, vide Amendment Act of 1978 (Maharashtra Act No. 13 of

1978) provisions in regard to protection of occupiers from eviction and distress

warrants were incorporated. We may, at the outset, observe that there were 21

substantial amendments to the 1971 Act by the following Amendment Acts:


Sr.          Amending Act
                                  Date                       Key Amendments
No.          (Maharashtra)
                                                   Section 10A was inserted
                                                   Section 2(ga) inserted – definition of
                                                    “slum area” introduced
                                                   Section 4 amended – declaration of slum
                                                    areas modified
                                                   Section 5 amended – Power of
                                                    Competent Authority of execution of
                                                    works of improvement
  1          Mah. 23 of 1973   26-04-1973
                                                   Section 7 substituted – Expenses of
                                                    maintenance of works of improvement to
                                                    be recoverable from occupier
                                                   Section 10A was inserted – Power of
                                                    Competent Authority to entrust
                                                    improvement and other works
                                                   Section 14 amended – Power of State
                                                    Government to acquire land
                                                   Section 25 amended – Rent of buildings
  2          Mah. 36 of 1973   24-09-1973
                                                    in slum areas
  3          Mah. 46 of 1975   18-09-1975          Section 12 substituted – Clearance order
                                                   Section 18 amended – Apportionment of
                                                    compensation
                                                   Sections 44A and 45 substituted –
                                                    Vacancy and temporary absence of
                                                    President and other members of


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Sr.          Amending Act
                                  Date                      Key Amendments
No.          (Maharashtra)
                                                    Tribunal; Provisions relating to Tribunal
                                                   Section 2 (ga) amended – Slum area
                                                   Section 4A inserted – Certain slum
                                                    improvement areas deemed to be slum
                                                    areas
                                                   Section5A amended – Improvement
                                                    works
                                                   Section 5C substituted – Power of
                                                    Competent Authority to require
  4          Mah. 20 of 1976   04-05-1976
                                                    improvement of buildings unfit for
                                                    human habitation and of areas which are
                                                    source of danger to public health, etc.
                                                   Section 6 amended – Enforcement of
                                                    notice requiring execution of works of
                                                    improvement
                                                   Section 8 amended – Restriction on
                                                    buildings, etc., in slum areas
                                                   Long title amended – protection of
                                                    occupiers from eviction added
                                                   Preamble substituted
                                                     Maharashtra Ordinances IV & V of
                                                    1978 repealed
                                                   Heading of Chapter VI substituted –
  5          Mah. 13 of 1978   06-05-1978
                                                    Protection of Occupiers in Slum areas
                                                    from eviction and distress warrants
                                                   Section 22 amended – Proceedings for
                                                    eviction of occupiers [or for issue of
                                                    distress warrant] not to be taken without
                                                    permission of Competent Authority
                                                   Section 47 substituted – Cesser of
  6          Mah. 23 of 1981   18-08-1981           corresponding laws and powers conferred
                                                    thereunder temporarily
                                                   Section 2(b-1) inserted – definition of
                                                    Collector
                                                   Sections 14 and 15 amended – Power of
  7          Mah. 28 of 1984   29-09-1984
                                                    State Government to acquire land;
                                                   Section 17 amended – Basis for
                                                    determination of compensation
                                                   Section 2(f) amended – slumlord
                                                    excluded from definition of owner
                                                   Section 4 amended – Declaration of slum
  8          Mah. 30 of 1986   23-07-1986
                                                    areas
                                                   Section 36 amended – Service of notice,
                                                    etc.
  9          Mah. 2 of 1987    05-02-1987          Penalty and enforcement provisions
                                                    amended
                                                   Section 22 amended - Proceedings for
                                                    eviction of occupiers [or for issue of
                                                    distress warrant] not to be taken without
                                                    permission of Competent Authority
                                                   Section 23 amended – Appeal

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Sr.           Amending Act
                                  Date                      Key Amendments
No.           (Maharashtra)
                                                   Section 23A inserted- Recovery of Rent,
                                                    etc., by criminal intimidation prohibited
                                                   Second Schedule of the Act deleted
                                                   Section 2(i) substituted – definition of
                                                    Tribunal modified
 10          Mah. 29 of 1987   07-08-1987
                                                   Section 4 amended - Declaration of slum
                                                    areas
                                                   Chapter      I-A     inserted   –    Slum
                                                    Rehabilitation Scheme introduced
 11          Mah. 4 of 1996    24-10-1995
                                                   Section 2(i)- “Tribunal” replaced with
                                                    Special Tribunal
                                                   Section 2(ba) inserted – definition of
                                                    Chief Executive Officer
                                                    Section 3A(2A) inserted – SRA declared
                                                    a body corporate
                                                   Section 3A(3) substituted – powers and
 12          Mah. 6 of 1997    24-10-1995
                                                    functions of SRA
                                                   Section 3D amended – Application of
                                                    other Chapters of this Act to Slum
                                                    Rehabilitation Area with modification

                                                   Repeal of Maharashtra Ordinance No.
                                                    XXVII of 2002
                                                   Section 3 amended – Appointment of
                                                    Competent Authorities
 13          Mah. 10 of 2002   18-05-2001          Chapter I-B inserted – Protected
                                                    occupiers,    their    Relocation     and
                                                    Rehabilitation
                                                   Section 40 amended – Previous sanction
                                                    of Competent Authority for prosecution
                                                   Repeal of Maharashtra Ordinance X of
                                                    2003
                                                   Chapter I-C inserted – Special provisions
                                                    for In-Situ Rehabilitation housing
 14          Mah. 1 of 2004    23-10-2003
                                                    schemes for Protected Occupiers in slum
                                                    areas
                                                   Section 46 amended – Power to make
                                                    rules
                                                   Section 2(i) amended – qualification of
 15          Mah. 24 of 2005   19-05-2005           Tribunal members reduced from 10 years
                                                    to 8 years
 16          Mah. 11 of 2012   19-06-2012          Section 2(h-e) inserted – definition of
                                                    Slum Rehabilitation Work
                                                   Section 2(a-a) was inserted – definition
                                                    of Appellate Authority
                                                    • Section 3C(3) inserted – cessation of
                                                    SRA area on completion
                                                   Section 3D amended - Application of
                                                    other Chapters of this Act to Slum
                                                    Rehabilitation Area with modification


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Sr.           Amending Act
                                  Date                       Key Amendments
No.           (Maharashtra)
                                                   Section 3E amended – Restrictions on
                                                    transfer of tenements
                                                   Section 4 amended – Declaration of slum
                                                    areas
                                                   Section 14 amended – Power of State
                                                    Government to acquire land
                                                   Section 15A inserted – Vesting of land
                                                    under Slum Rehabilitation Scheme
                                                   Section 42 amended – Bar of jurisdiction
                                                   Section 3Y and 3Z amended – Issuance
                                                    of photo-pass and maintenance of
                                                    Register; Protection, relocation and
                                                    rehabilitation of protected occupiers
                                                   Section 3Z- 1 amended - Powers of
 17          Mah. 9 of 2014    02-05-2014           Competent Authority to demolish
                                                    unauthorized      or    illegal   dwelling
                                                    structures
                                                   Section 3Z-2 amended - Demolition of
                                                    unauthorized      or    illegal   dwelling
                                                    structures and penal liability
                                                   Insertion/substitution      of  definition
                                                    clauses in Section 2 (approved valuer,
                                                    building, censused slum, Community
                                                    economic activity area, developer, eligible
                                                    slum dwellers, slum area, slum clearance,
                                                    slumlord, SRA area); Section 3X
                                                    (dwelling structure)
                                                   Section 3B substituted – Slum
 18          Mah. 38 of 2018   26-04-2018           Rehabilitation Scheme
                                                      Sections 3C & 3D substituted –
                                                    declaration and application of SRA
                                                    regime
                                                   Section 3I substituted – Officers and
                                                    servants of SRA
                                                   Section 15A substituted – Vesting of land
                                                    under Slum Rehabilitation Scheme
                                                   Section 35 substituted - Appeals
 19          Mah. 33 of 2023      —                Section 2(a-1) inserted – Apex Grievance
                                                    Redressal Committee (retrospective from
                                                    08-03-2017)
                                                   Section 2(c-c) substituted – Grievance
                                                    Redressal Committee
                                                   Section 3C amended – Declaration of a
                                                    slum rehabilitation area
                                                   Section 3D amended - Application of
                                                    other Chapters of this Act to Slum
                                                    Rehabilitation Area with modification
                                                    Section 34A inserted – Constitution of
                                                    Apex Grievance Redressal Committee
                                                   Section 34B inserted – Constitution of
                                                    Grievance Redressal Committee

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Sr.           Amending Act
                                  Date                      Key Amendments
No.           (Maharashtra)
                                                   Section 35 amended – Appeals
                                                   Section 42 amended – Bar of jurisdiction
                                                   Section 3E amended – Restrictions on
 20          Mah. 15 of 2024       —
                                                    transfer of tenements
                                                   Section 3D amended - Application of
                                                    other Chapters of this Act to Slum
                                                    Rehabilitation Area with modification
                                                   Section 15A amended - Vesting of land
                                                    under Slum Rehabilitation Scheme
 21          Mah. 42 of 2025   29-08-2025
                                                   Section 33A substituted – Procedure for
                                                    allotment of tenements to slum dwellers
                                                    not willing to join scheme or project
                                                   Section 33B inserted – Recovery of rent
                                                    due from developers



The aforesaid amendments indicate the progressive steps being adopted by the

Legislature to achieve the object and intention of the Slum Act.


III.          Scheme of the Slum Act

213.          Now coming to the scheme of the Slum Act. Section 2 is the exhaustive

definition clause dealing with significant definitions and more importantly, the

definition of ‘building’ [Section 2(b)], which includes structures within

community economic activity area, which is also separately defined [Section 2(b-

2)]. The other vital definitions are – Censused Slum [Section 2(1b)], Developer

[Section 2(c-a)], eligible slum dwellers [Section 2(c-b)], Grievance Redressal

Committee [Section 2(c-c)], land [Section 2(d)], occupier [Section 2(e)], owner

[Section 2(f)], slum area [Section 2(ga)], slum clearance [Section 2(h)], slumlord

[Section 2(h-a)], Slum Rehabilitation Area [Section 2(h-b)], Slum Rehabilitation

Authority [Section 2(h-c)], Slum Rehabilitation Scheme [Section 2(h-d)], works

of improvement [Section 2(j)] etc.



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214.         Chapter I-A incorporates provisions from Section 3A to Section 3W,

making provisions for implementing the slum rehabilitation scheme as defined

under Section 3B.          It is under the provisions of this Chapter, that a Slum

Rehabilitation Authority with its Chief Executive Officer and members was

constituted as provided for under Section 3A. The Chapter makes provision in

regard to powers, duties and functions of the Slum Rehabilitation Authority to

survey and review existing positions regarding slum areas, to formulate schemes

for rehabilitation of slum areas, to get the Slum Rehabilitation Scheme

implemented, to do all such other acts and things as are felt necessary for

achieving the objects of rehabilitation of slums.


215.         Significantly, sub-section (5) thereunder provides the power of the Slum

Rehabilitation Authority to appoint Committees consisting of its members and

experts to facilitate its working and speedy implementation of the scheme

prepared under Section 3B including the general schemes of Slum Rehabilitation

for specific areas as contemplated under sub-section (1) of Section 3A.


216.         The methodology in regard to implementation of the slum rehabilitation

scheme to be notified by the Chief Executive Officer under sub-section (3) of

Section 3B has been exhaustively provided in sub-section (5) and sub-section (6).

Section 3C is another significant provision providing for ‘Declaration of a slum

rehabilitation area’, which would include community economic activity area.

Further provisions of Chapter I-A would indicate that for the purpose of the said

Chapter, there are specific sections incorporated. For example, Section 13, which

is applicable to slum rehabilitation areas by virtue of Section 3D, providing for

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“Power of Slum Rehabilitation Authority to develop slum rehabilitation area”.

There is also incorporation of Section 33 in regard to “Power of eviction to be

exercised by Chief Executive Officer”, Section 38 in regard to “Order of

demolition of building in certain areas” and Section 47 “Cesser of corresponding

laws”. Thus, Section 3D carves out an independent scheme in relation to the

application of other Chapters of the Slum Act to a slum rehabilitation area,

however, with specific modifications to the provisions as categorically

incorporated in Section 3D. Section 3E provides for “Restriction on transfer of

tenements”.


217.         There are provisions on the constitution of officers, servants and

membership of the slum rehabilitation authority. A perusal of all these provisions,

i.e., Section 3A to Section 3W indicates that the provisions so incorporated is a

Code by itself in relation to the slum rehabilitation scheme.


218.         Chapter I-B was incorporated by Maharashtra Amendment Act No. 10 of

2002, which is in regard to “Protected Occupiers, their relocation and

rehabilitation”. Section 3X is the definition clause, which defines “dwelling

structure” [Section 3X(a)], “photo-pass” [Section 3X(b)], “protected occupier”

[Section 3X(c)]. Section 3Y introduces the scheme whereby the Government or

any officer, inter alia, authorized by it, after verifying certain documents or

records, as may be prescribed, issues a photo-pass for the purpose of the Act in

regard to the actual occupier of a dwelling structure in existence on or prior to 1

January, 2000 by Maharashtra 9 of 2014, prior to which original Section 3Y(1)

provided for the cut off date to be 1 January, 1995. By the issuance of a photo-

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pass in favour of a slum dweller, he becomes an occupier, i.e., entitlement to

benefit under Section 3Z – “Protection, relocation and rehabilitation of protected

occupiers”. Section 3Z is required to be noted, which reads thus:


             “3Z. Protection, relocation and rehabilitation of protected
             occupiers.

              (1) Notwithstanding anything contained in this Act, on and after the
              commencement of the 1[Maharashtra Slum Areas (Improvement,
              Clearance and Redevelopment) (Amendment) Act, 2014 (Mah. IX of
              2014)], no protected occupier shall, save as provided in sub-section ( 2), be
              evicted, from his dwelling structure.

              (2) When, in the opinion of the State Government, it is necessary in the
              larger public interest, to evict the protected occupiers from the dwelling
              structures occupied by them, the State Government may, subject to the
              condition of relocating and rehabilitating them in accordance with the
              scheme or schemes prepared by the State Government in this behalf, evict
              them from such dwelling structures :

                    Provided that, if any of the protected occupiers does not comply
              with the terms and conditions of the scheme for relocation and
              rehabilitation, such occupier shall forfeit the claim for such relocation and
              rehabilitation and shall become liable for eviction without being relocated
              and rehabilitated.”


219.         The other provisions are dealing with powers of the competent authority

to demolish unauthorized or illegal dwelling structures (Section 3Z-1) and penal

liability (Section 3Z-2).


220. Chapter I-C provides for “Special Provisions for in Situ Rehabilitation

Housing Schemes for protected occupiers in slum areas” and was incorporated by

Maharashtra Act No. 1 of 2004. The provisions under this Chapter are from

Section 3Z-3 to 3Z-7. Section 3Z-3 provides for a definition clause defining

“Housing Committee”[Section 3Z-3(a)], “Housing scheme” [Section 3Z-3(b)]

and “Scheme area” [Section 3Z-3(c)]. Section 3Z-4 provides for “Constitution of



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Housing Committee”. Section 3Z-5 provides for “Development permission”.

Section 3Z-6 provides for “Provisions of this Chapter not to apply in certain

areas”, for example, Coastal Regulation Zone, Eco-Sensitive Zones of Ecologically

Fragile Area, Hill Stations, Special Tourism Areas, Lands belonging to the

Central Government or any entity thereof unless the same is voluntarily offered

for the housing scheme. Chapter I-C can be seen to be an endeavour to have

housing schemes by undertaking construction/reconstruction of dwelling units or

structures in the scheme area for providing basic amenities to the slum dwellers

who are protected occupiers as defined in clause (a) of Section 3X and their in

situ rehabilitation in such scheme area.               It accordingly enables the

implementation of Chapter I-B.

221.         After specific incorporation of all these Chapters, the next Chapter is

Chapter II, as originally contained in the legislation, dealing with slum areas.

Section 4 provides for Declaration of slum areas by the Competent Authority,

where the Competent authority is satisfied that any area is or may be a source of

danger to the health, safety or convenience of the public of that area or of its

neighbourhood, by reason of the area having inadequate or no basic amenities, or

being insanitary, squalid, overcrowded or otherwise; as also in respect of the

buildings which are used or intended to be used for human habitation and are in

any respect, unfit for human habitation; or for reasons of dilapidation,

overcrowding, faulty arrangement and design of such building or inter alia, a

combination of factors like lack of ventilation, light or sanitation facilities,

detrimental to the health, safety or convenience of the public of that area.


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Section 4A was incorporated by Maharashtra Act 20 of 1976 providing that

certain slum improvement areas shall be deemed to be slum areas.


222. Chapter III provides for “Slum Improvement”, which, inter alia, deals with

“Power of Competent Authority of execution of works of improvement” (Section

5). Section 5A incorporates the ‘Improvement works’ consisting of what is

provided under clauses (a) to (h). This Chapter also provides for power of

Competent Authority to require occupiers to vacate premises (Section 5B).

Section 5C provides for “Power of Competent Authority to require improvement

of buildings unfit for human habitation and of areas which are a source of danger

to public health etc.” Other provisions are provided which are necessary to

execute such works.


223. Chapter IV provides for ‘slum clearance and redevelopment’, which

contains provisions from Section 11 to Section 13. Section 11 under this Chapter

provides for “Power to declare any slum area to be a clearance area”. Section 12

provides for “clearance order” to be passed by the competent authority. Section

13 provides for “power of Slum Rehabilitation Authority to develop Slum

Rehabilitation Area”.


224. Chapter V provides for the “Acquisition of Land”. This is a significant

chapter, as substantial litigation is generated on acquisition of land encroached

upon by slums. Section 14 confers power upon the State Government to acquire

land for the purpose of executing any work of improvement or for the

redevelopment of any slum area or any structure situated therein. Section 15



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thereunder provides for the “Power of Collector to require person in possession

of land to surrender or deliver possession thereof to him, etc.”. Section 15A,

which was inserted by the Maharashtra Amendment Act, 2012, provides for the

‘vesting of land under a Slum Rehabilitation Scheme’. The Chapter further

contains provisions relating to the basis for determination of compensation,

apportionment and payment of compensation, the powers of the Competent

Authority in relation to determination of compensation, and payment of interest,

as contained in Sections 17 to 21.


225. Chapter VI provides for the “protection of occupiers in slum areas from

eviction and distress warrants”. The heading of Chapter VI was substituted by

Maharashtra Act No.13 of 1978 for the heading "Protection of Tenants in Slum

Areas From Eviction".        Under this Chapter, Section 22 stipulates that

proceedings for eviction of occupiers or for the issuance of distress warrants shall

not be taken without the prior permission of the Competent Authority. Section

23 provides for an appeal by any person aggrieved by an order of the Competent

Authority to the Tribunal, and also provides for the finality of the Tribunal’s

orders. Section 23A, which was inserted by Maharashtra Amendment Act 2 of

1987, provides for ‘recovery of rent, etc., by criminal intimidation being

prohibited’. Further provisions relate to the restoration of possession of premises

vacated by a tenant and the regulation of rent of buildings in slum areas, as

contained in Sections 24 and 25. Section 26 provides that the Chapter shall not

apply to, or in relation to, the eviction under any law of a tenant from any

buildings in a slum area belonging to the Government, the Nagpur Improvement


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Trust, or any local authority.

226. Chapter VII makes miscellaneous provisions dealing with a variety of

matters, namely, ‘powers of entry’ (Section 27); ‘powers of inspection’ (Section

28); ‘power to enter land adjoining land where work is in progress’ (Section 29);

‘breaking into building’ (Section 30); ‘entry to be made in day time’ (Section 31);

‘occupier's or owner's consent to be ordinarily obtained’ (Section 32); ‘power of

eviction to be exercised by Chief Executive Officer’ (Section 33); and ‘procedure

for allotment of tenements to slum dwellers not willing to join the scheme or

project’ (Section 33A and 33B substituted by Maharashtra Amendment Act

No.42 of 2025). Another significant provision is the ‘power to remove offensive

or dangerous trades from slum areas’ (Section 34). Section 34A and 34B, which

were inserted by Maharashtra Amendment Act, 2023, provide for the

Constitution of the Apex Grievance Redressal Committee and the Grievance

Redressal Committee, respectively. Section 35 provides for appeals before the

Grievance Redressal Committee as also the Apex Grievance Redressal

Committee. Provision is also made for service of notice (Section 36). Section 37

provides for ‘penalty in regard to non-compliance of notice, order or direction

issued or given under the Act, on conviction, providing for imprisonment for a

term which may extend to three months or with fine which may extend to one

thousand rupees, or with both. Section 38 provides for ‘order of demolition of

buildings in certain cases’. Section 39 provides for ‘jurisdiction of Courts’.

Section 40 provides for ‘previous sanction of Competent Authority for

prosecution’. Section 41 provides for ‘protection of action taken in good faith’.


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Section 42 provides for ‘bar of jurisdiction’. Section 43 provides for ‘Competent

Authority, etc., to be public servants’. Section 44 provides for ‘Tribunal to

determine claims of Competent Authorities before they are recovered as arrears of

land revenue’.


227. Sections 44A and 45 deal with vacancy and temporary absence of the

President and other members of the Tribunal and other provisions relating to the

Tribunal respectively. Section 46 provides for ‘power to make rules’. Section 47

provides for ‘cesser of corresponding laws and powers conferred thereunder

temporarily’ and the making of a declaration under sub-section (1) thereof.


IV           Rules framed under the Slums Act


228. Rules have also been framed under the Act, namely, the Maharashtra Slum

Areas (Improvement, Clearance and Redevelopment) Protection of Tenants in

Slum Areas from Eviction Rules, 1972, which, inter alia make provision for the

eviction of an occupier and matters connected therewith. The following rules and

regulations are framed under the Act:-

             “1.    The Maharashtra Slum Areas (Improvement, Clearance and
             Redevelopment) Protection of Tenants in Slum Areas from Eviction Rules,
             1972
             2.     The Maharashtra Slum Areas (Improvement, Clearance and
             Redevelopment) Tribunal Rules, 1972.
             3.      The Maharashtra Slum Areas (Improvement, Clearance and
             Redevelopment) (Other Manner of Publication of Notification regarding
             Restriction on Building in Slum Areas, etc.) Rules, 1971.
             4.     The Maharashtra Slum Areas (Improvement, Clearance and
             Redevelopment) (Other Manner of Publication of Declaration) Rules, 1971.
             5.      The Maharashtra Slum Areas (Improvement, Clearance and
             Redevelopment) (Other Manner of Publication of Notification regarding
             Restriction on Building in Slum Areas, etc.) Rules, 1971.


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             6.     The Maharashtra Slum Areas (Improvement, Clearance and
             Redevelopment) Protection of Tenants in slum Areas from Eviction Rules,
             1972.
             7.     The Maharashtra Slum Areas (Improvement, Clearance and
             Redevelopment) Tribunal Rules, 1972.
             8.     The Maharashtra Slum Areas (Improvement, Clearance and
             Redevelopment) (Clearance areas Order) (publicity Etc.) Rules, 1973.
             9.     The Maharashtra Slum Areas (Improvement, Clearance and
             Redevelopment) Tribunal, Regulations, 1974.
             10.    The President in The Maharashtra Slum Areas (Improvement,
             Clearance and Redevelopment Tribunal) (Recruitment) Rules, 1999.
             11.    The Maharashtra Slum Areas (Improvement, Clearance and
             Redevelopment) (Grievance Redressal Committees) Rules, 2014.


229. Apart from this, the SRA issues notifications and circulars from time to

time with the intent of giving effect to the provisions of the Act and Rules.


V            AREAS OF DISPUTES


230. Having noted the various provisions of the Act as they stand in the

scheme of the legislation, we note the areas/issues in relation to which disputes

legally arise which are as under:-


             i.     Identification of lands declared as slums, particularly with regard to

             the declaration of such lands as slums and/or slum rehabilitation areas

             (Section 3C – Declaration of a slum rehabilitation area),


             ii.    Disputes over the eligibility of slum-dwellers.


             iii.   Disputes in regard to the formation of societies by the slum-

             dwellers,


             iv.    Disputes on appointment of developers by the societies of slum-

             dwellers,

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             v.      Disputes on eligibility of the slum-dwellers for the purpose of

             permanent alternate accommodation, which depends upon the existence

             of the structure in the context of the protection granted under different

             notifications issued by the State Government.


             vi.     Disputes arising regarding the change of developers by societies for

             the reasons such as the appointed developer’s failure to perform, delays in

             implementing the slum scheme, inability to undertake or complete the

             slum scheme, transfer or proposed transfer of the slum scheme to another

             agency/ developer, and various other related reasons.


             vii.    Disputes relating to slums situated on certain private lands, where

             the landowners are not provided an opportunity to develop the slum

             rehabilitation scheme, and where slum dwellers appoint developers in

             disregard of the rights of the landowners.


             viii.   Disputes between rival societies appointed by slum-dwellers

             (significantly in the case of large slums).


             ix.     Disputes in regard to the removal of slum-dwellers appointed by

             the slum society.


             x.      Disputes relating to compulsory acquisition of land as per the

             provisions of Section 14.


             xi.     Disputes regarding payment of transit rent by the developers and

             arrears of transit rent.



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             xii.      Disputes on delays in the completion of the scheme and the

             complications arising therefrom.


             xiii.     Disputes on the acquisition of private lands declared as slums or

             slum rehabilitation areas.


             xiv.      Disputes on slums on government land or land belonging to public

             bodies.


             xv.       Lack of effective dispute resolution mechanism in litigation before

             forums such as the Grievance Redressal Committee and the Apex

             Grievance Redressal Committee, constituted under Section 34A and 34B

             respectively of the Slum Act, which hardly hold even one sitting in a week

             or fortnight, resulting in a large pendency of cases before such forums.


             xvi.      Proceedings   arising     from       the   non-consideration   of   the

             representation of the Chief Executive Officer, as well as proceedings

             arising from the effective and expeditious adjudication of disputes between

             slum-dwellers and developers, slum-dwellers and societies, or slum-

             dwellers and the SRA, before the Grievance Redressal Committee or the

             Apex Grievance Redressal Committee.


             xvii.     Apart from the aforesaid issues, there are several other disputes,

             including those between developers and financiers, as well as disputes

             between purchasers of free-sale tenements and developers, including those

             involving projects under MahaRERA.




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VI           Magnitude of the Slums in Mumbai


231.         Having noticed the variety of disputes arising from the implementation of

the slum scheme, we may observe the applicability of the Slum Act to the areas

in the City of Mumbai has assumed alarming propositions. According to the

latest data available with the Mumbai Municipal Corporation, approximately

875.97 acres of land is under slums, which include private land as well as public

land belonging to the State Government, Central Government, Municipal

Corporation, etc. The total number of persons currently living in slums is

estimated to be around 12 million (as per the official website of SRA). The

situation of lands affected by slums within the jurisdiction of Mumbai

Metropolitan area within the municipal jurisdiction of other seven Municipal

Corporations is also quite concern. Hence, the areas of other municipal

corporations surrounding Mumbai, namely, Thane Municipal Corporation, New

Mumbai Municipal Corporation, Mira-Bhayander Municipal Corporation, Vasai

Virar Municipal Corporation, Kalyan Dombivali Municipal Corporation, Ulhas

Nagar Municipal Corporation, Bhiwandi Municipal Corporation as well as

distinct corporations like Pune Municipal Corporation and Nashik Municipal

Corporation, also have slums or slum areas on both government and private

lands.


                 Analysis/Suggestions


232. The task in hand is assigned to this Court as per the directions of the

Supreme Court in Yash Developers (supra). The Supreme Court observed that



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the propensity and the proclivity of the Slum Act to generate litigation was

worrisome and that there seems to be a problem with the statutory framework for

realising the purpose and object of the statute including referring to the decision

in Galaxy Enterprises (supra). In such context, the Court observed that the Act

came into being in 1971 and since then, for over five decades, the High Court has

been exercising judicial review jurisdiction, disposing of writ petitions raising

claims or challenges to the exercise of powers or dereliction of duties by

authorities under the Act. It is also noted that a large number of cases have

reached the Court and which are pending. It is in such context that the Slum Act,

being a beneficial legislation, is intended to materialise the constitutional

assurance of dignity of the individual by providing basic housing, so integral to

human life.          The Court referred to the decision of this Court in Galaxy

Enterprises (supra), setting out eight parameters, stating that the statutory

scheme is problematic on such issues as set out in paragraphs 56.1 to 56.8, which

are as follows:


             “(i) Identification and declaration of land as a slum.
             (ii) Identification of slum dwellers.
             (iii) Selection of a developer
             (iv) Apportionment of the slum land between redevelopment
             area and sale area.
             (v) Obligation to provide transit accommodation for the slum
             dwellers pending redevelopment.
             (vi) Lack of independence and objectivity in the functioning of
             statutory authorities.
             (vii) Effectiveness of statutory remedies.
             (viii)Judicial review proceedings under Article 226 cannot be a
             long term solution.”


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233. The Supreme Court has categorically observed that the said problems

arising out of the statutory scheme and policy framework in fact should have

come under review by the State of Maharashtra. It is also observed that an

assessment of the working of the statute to realise its purpose and objective are

achieved or not is the implied duty of the executive government and that

reviewing and assessing the implementation of a statute is an integral part of the

Rule of Law. It is in recognition of this obligation of the executive government

that the Constitutional courts have directed Governments to carry out a

performance audit of statutes. In these circumstances, a facilitative role of the

judiciary compels an audit of the legislation, which promotes debate and

discussion but does not and cannot compel legislative reforms.

234. It is in these circumstances, for reviewing the working of the Slum Act to

identify the cause of the problems as indicated in paragraph 56 of Yash

Developers (supra), the Court was tasked to hear the Government, the statutory

authorities and the necessary stakeholders including intended beneficiaries by

taking assistance of senior members of the Bar, it is ordered that the Bench may

consider directing the Government to constitute a Committee for performance

audit of the Act. It is with the aforesaid parameters, in our considered opinion,

we have reflected on the working of the statute and the problems which have

arisen, are discussed herein, for consideration of the Committee to be constituted

by the State Government for undertaking a performance audit of the Act :-


             Journey of the Legislation

235. The Slum Act was brought into force on 3 September, 1971 and has

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undergone 21 amendments from 1973 to 2025 as noted in paragraph 214

hereinabove, so as to adapt itself to the contemporary requirements as dealt with

by the legislature.


236. The period from 1971 till date is a period of almost 55 years. Considering

the nature of the legislation, which was primarily ad-hoc for making better

provision for the Improvement, Clearance and Redevelopment of the slum area,

it ought to have so far served its purpose by ameliorating the slum in the city of

Mumbai as also in other cities in the State. However, time has shown that the

extinction of the slums has remained a dream on paper, and in fact the magnitude

of surrounding slums in the cities and more particularly Mumbai, is beyond any

reasonable imagination and rationale.


237. The reasons are many:

(I)          Lack of policy to protect lands from encroachments and prevent formation

of slums.


i.           No deterrent measures have been implemented to curb the proliferation

of unauthorized settlements. On the contrary, it appears that, with the full

knowledge of the concerned authorities and/or implicit assistance there has been

a tacit recognition of such encroachments and more so on public lands wherever

situated in Mumbai leading to formation of slums. Thus, over the years, slums

have been permitted to develop on both public and private lands, whether due to

inaction or active acquiescence on the part of the authorities. There cannot be

any State policy that there is no deterrent against encroachments on private and


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public lands. Valuable lands belonging to the State Government, as also to the

Municipal Corporation, MHADA and other public authorities, have been

brazenly encroached upon over the years. Such illegal encroachments are now

sought to be recognized under the policies of the Government of Maharashtra for

the purpose of implementing slum schemes, whereby free or subsidized

tenements are allotted to the encroachers.


ii.          On one hand, the encroachments on government lands were permitted by

no action being taken and on the other hand, merely because such

encroachments have continued for many years and fall within the framework of

cut-off dates notified by the State Government, the encroachers are being held to

be entitled to in-situ, free tenement of 300 sq.ft. This is not only unconscionable

but also amounts to a fraud on the Constitution for the following reasons:


             (a) The primary duty of the government bodies to protect the valuable
             limited public land more so in an island city like Mumbai, the basic
             legitimate expectation in public interest, has been persistently disregarded
             for years together, not only by the ground level officials but also by the
             higher authorities and officials at the highest levels;

             (b) Having proliferated the slums, the creation of policies that recognize
             such   encroachments      by    attributing   development   potential   and
             categorizing these lands as slums is another aspect which is extremely
             worrisome and in fact beyond any legitimate principles of law as
             recognized by the Constitution and/or is against the ethos of the
             constitutional requirements of allotment of State largesse.       A policy
             granting free and/or subsidized tenements to encroachers of public lands,
             finds no justification within the constitutional scheme. The consequences
             of such a policy are deeply concerning when tested on the constitutional

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             principles.

             (c)   By not taking any action against encroachment, public land is
             deprived of its potential use and benefits. Such lands could otherwise be
             utilized for essential public purposes, including hospitals, dispensaries,
             bus depots, gardens, playgrounds and other civic amenities.
             (d) When such encroachments are protected under the statutory schemes
             that provide free or subsidized tenements, it amounts to dealing with State
             largesse and that too in a coerced manner, leading to the only consequence
             that the public land would be required to be used only for the purpose of
             housing the encroachers/slum dwellers and that too in situ;
             (e) Once the compulsory development of such encroached government
             land as foisted against the principles of Constitutional morality, is being
             legitimized and being recognized under the legislative scheme of
             redevelopment of slums. Thus, not only do the encroachers/slum dwellers
             become the stakeholders in exploiting the land to become owners of the
             tenements. Also the very development of such encroached land is being
             legalized, being carried out by the developer appointed by the slum
             dwellers, who would get a share in the land to construct a building in
             which apartments for free sale would be constructed, thereby creating
             private rights over public land under the guise of slum redevelopment.

             (f) Consequently, prime government lands, without the will of the
             people and contrary to the principles recognized by the Constitution in
             allotment of State largesse, under such camouflage arrangement of the
             slum redevelopment is expropriated for unintended purposes being
             foisted by the slum dwellers. At their behest, valuable government lands
             become available to the developers, which otherwise would have to be
             obtained through the process known to law if it is to be sought from the
             Government or acquired from the private owners at competitive market
             prices. Thus, a patently illegal scheme of siphoning off the valuable
             government land is legalized by such arrangements under the garb of

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             encroachment and slum formation.               Slums are formed wherever an
             Government/public land is available not even hillocks are spared on
             mangroves/marshy lands. This is illustrated from the nature of the slums
             found everywhere in a ariel view as observed by Dipankar Datta, J. (as His
             Lordship then was) in his concurring judgment in High Court on its own
             motion v. Bhiwandi Nizampur Municipal Corpn. (Jilani Building)
             (supra), when His Lordship observed thus:

                  114. …...Regrettably, instead of moving in the direction to have a planned
                  and sustainable development, the successive Governments together with
                  the Corporation seem to have unabashedly allowed mushrooming of slums
                  at the instance of squatters by encouraging them not only to encroach
                  more and more of public property but, simultaneously, by enacting laws to
                  protect such unauthorized occupation. Enacting laws to further the
                  interests of the weaker sections of the society is the obligation of every
                  State in terms of Part IV of the Constitution and any move in that behalf
                  ought to and must be welcomed. People living in slums do equally have a
                  right of decent living conditions, which can be ensured by relocating them
                  with proper housing facilities. However, a vicious nexus involving high
                  profile personalities, bureaucrats, builders and slum lords have created a
                  situation where public property is first encroached without resistance being
                  provided by the law enforcing agency, followed by a declaration of slum
                  gradually progressing to redevelopment by builders ostensibly for slum
                  dwellers but really to further the interests of the “haves”. In the garb of
                  legislation, in a novel manner, a fraction of the population including
                  holders of public offices have continued to prosper by achieving their goals
                  through impure means which are nothing short of betrayal of the trust that
                  the people of this region have reposed in those responsible for an able
                  governance. While it was the need of the hour to make housing projects a
                  reality more effectively and with empathy, what has been laid bare is the
                  apathy and indifference to cater to the needs of the hapless coupled with a
                  complete lack of sensitivity. The reasons are not far to seek. Quite contrary
                  to the ideals and values embodied in the Constitution which lay down the
                  basic framework of the social and political structure of the country and sets
                  out the objectives and goals to be pursued by the people in a common
                  endeavor to secure happiness and welfare of every member of the society
                  and despite taking oath to uphold the laws, actions of those in power and
                  authority are now invariably driven by political motivations or other
                  oblique considerations. No wonder, the casualty is the compassionate
                  Constitution of ours.”




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             (g) There does not appear to be any comprehensive accounting of how

             much government land in an island city like Mumbai has not only

             vanished but is in the process of being lost from the public pool of lands.




(iii)             It is wholly unacceptable that merely because the State Government

lacks a robust public housing policy and/or a pool of houses being created to be

made available for the class of people who are required to encroach such slum, the

existence of such slums on government lands would forever deprive the public at

large of the benefits of such public lands. Statutory recognition of such

encroachment amounts to the grossest fraud on the Constitution. The sequel

being that the authorities would state that they would not safeguard the

Government lands and by permitting encroachment, make way for

redevelopment of the Government land purely for rehabilitation of slum dwellers

and purely for commercial exploitation by developers, can never be the rule of

law.

(iv)              In our opinion, this grave concern requires immediate attention in

the working of the Slum Act in the Government having a performance audit of

the Slum Act by constituting an Expert Committee. Although considerable time

has already passed, there still remain large tracts of government land belonging

to the State Government, the Municipal Corporation, MHADA, MMRDA and

other public bodies, which suffer encroachment and are at the risk of being

permanently lost to private exploitation. In our opinion, the only approach

would be for the Government to review the slum rehabilitation policy qua the


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public lands and to not recognize any right of encroachers who occupy such land,

irrespective of the duration of such occupation, particularly for whatsoever

period for rehabilitation and more particularly in respect of in-situ rehabilitation.

Recognizing such rights amounts to conferring legitimacy upon illegality of the

highest order, and no illegality of such magnitude can be rewarded with the grant

of free slum tenements under any scheme, even if constructed by private

developers.

(v)           The endeavour of the State Government needs to urgently undertake

demarcation of the public lands which are encroached and more particularly

considering that in a city like Mumbai and its suburbs, public land is extremely

scarce and must be safeguarded rather than siphoned off in such a manner. No

patronage by official machinery, slum dwellers, developers, public representatives

or higher officials in the Ministry can overlook the basic requirement of the

Constitution against such coerced utilization of public land for the benefit of

encroachers and private development. In fact, a robust mechanism must be

instituted to take strict action against the officials who are guilty of dereliction of

duty in safeguarding public lands.

(vi)           If the Government is nonetheless of the opinion that such

encroachers require rehabilitation, then a robust housing policy must be

formulated to create a pool of government-owned housing that can be made

available on a licence basis for reasonable compensation and an appropriate

expert study on such issue is required to be undertaken. It is in such context of

government lands that the Division Bench of this Court in Jilani Building has


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frozen any slum rehabilitation scheme on government lands and has permitted

such schemes to operate only in the following terms.

              “xii) In so far as the State Government's land and/or other public lands in
              respect of which, till date no slums schemes are approved by the Slum
              Rehabilitation Authority, such lands shall not be redeveloped under slum
              redevelopment schemes, unless the State Government or the concerned public
              authority gives a ‘no objection’, to be published, in at least two local
              newspapers, that in future it does not require such public lands for any of its
              purposes, or for the public purposes of any other public bodies under the State
              or the Central Government. Unless, such no objection is received from the
              State Government or the Central Government or any other public body, the
              development of any slum scheme or private utilization of such land shall stand
              freezed.

              xiii) The State Government and the public bodies shall take appropriate steps
              as permissible in law, to remove the encroachments of the public lands as
              described in (xii) above, so that land is made encroachment free, to be utilized
              for public purpose.

              xiv) In the event the encroached lands are required by the State Government
              or by any public body, steps be taken to remove the encroachment and make
              the land encroachment-free within one year, by rehabilitating the slum dwellers
              of such lands, if they are protected occupiers. Such eligible slum dwellers be
              rehabilitated in any other part of the city or in the municipal jurisdiction of the
              adjoining municipal corporation as the State Government may decide.”


(vii)        The aforesaid terms are followed only in breach, which become a matter

for the accountability of the Chief Executive Officer or any other Government

official in appropriate proceedings.



(II)         Vertical slums :


(i)          Whether it is affordable to have vertical slums wherever there are open

lands in Mumbai and other cities, is a matter of serious concern, particularly

when it is a common sight. The slum tenements are scattered all over, the density

of population would certainly not commensurate with the development potential

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of the land.          The concept of enhanced development potential for slum

redevelopment was first introduced under the Development Control Regulations,

1991 by the incorporation of DCR 33(10). Illustratively, if the land encroached

is say about 10000 sq.ft. and accommodates 435 slum dwellers, the DCR

provision may permit an FSI of up to 4, which would be equivalent to 40000

sq.ft., out of which only a meagre percentage would be available for rehabilitation

of the slum dwellers and the remaining development potential is made available

to the developer for free-sale buildings. The cost of constructing rehabilitation

buildings is thus effectively subsidized through the private commercial

exploitation of the remaining land. This is precisely the scheme. Thus, the land

which had scattered slums, ultimately houses distinct vertical settlements, one

consisting of rehabilitation buildings for slum dwellers and the other comprising

of free-sale buildings marketed in the open market. Thus, the density of the

residents on the very same plot of land by such redevelopment is increased to

four times from what was the original position or even sometime more

depending on the number of tenements in the same area, the developer will fix.

This mechanism not only enhances the density of the population on the existing

land by bringing on such land a large number of people from the open market

but also adds to the woes on the weak and challenged infrastructure like width of

the road, water, electricity, hospitals, lack of open space, gardens, sewerage etc.


(ii)         Mr. Seervai has pointed out the pathetic condition of these vertical slum

buildings being permitted to be constructed, having no light and ventilation, and

in between two slum buildings, dust and filth being rampant. If such position is


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to be believed in respect of such redevelopment, the question is whether at all the

object of the Slum Act is being achieved or the same is proved to be counter

productive.


(iii)        Certainly in undertaking redevelopment of the slums, there is no warrant

for straining the existing infrastructure by having the vertical redevelopment of

the slums.          This aspect requires an appropriate study, more particularly

considering that in a larger city like Mumbai, there is hardly any open space left

except to be utilized for redevelopment of the slums. The suggestions of the

learned Amici as made by Mr. Seervai need to be considered by the State

Government.


III.         Identification and demarcation of slum land :


(i)          There is an urgent need for phasing of these slums by undertaking

demarcation of such slums, in regard to which, the Slum Rehabilitation Authority

has already initiated steps such as geo-mapping, satellite imaging and biometric

identification, in order to freeze the number of slum dwellers in such areas,

whether situated on private or public land. A comprehensive assessment of

housing requirements for such occupants must be undertaken.


(ii)         If slums are to be permanently ameliorated and/or removed, a robust

mechanism to prevent further encroachment and a systematic manner in which

such encroachment would be dealt with by creating public housing is the need of

the hour. It is only in these circumstances that an adequate and appropriate

utilization of the resources can be brought about.           It is inconceivable that


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encroached land should be used primarily for housing coupled with private

commercial exploitation, thereby leading to the creation of a monstrous concrete

jungle.



IV)          Role of the Slum Societies and their Controlling Authority:

(i)          From the ground reality, and as to what is actually happening in the

redevelopment of slums, is the purported formation of the co-operative society

by the slum dwellers and technically in a method being followed by them as

recognized by the Slum Rehabilitation Authority by holding a special general

meeting under the supervision of the concerned Deputy Registrar of Co-

operative societies (Slum Rehabilitation Authority) and such meeting being held

to appoint a developer. The purported consensus in such meeting to appoint a

developer and thereafter a development agreement being entered into with such

developer and the developer thereafter submitting a proposal to the SRA for

redevelopment of a slum, which would include construction of a slum

rehabilitation building to house the slum dwellers and construction of a free sale

building from where the developer would compensate himself by selling the

residential and commercial spaces in the open market. This is normally the

scheme in which the redevelopments are taking place. However, the experience is

something different and the same has been considered by the Division Bench of

this Court in Bishop John Rodrigues vs. The State of Maharashtra & Ors. (supra),

where the Court made the following observations in regard to actually the

developer hunting the slums and forming societies, and it is the developer who,



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under such garb of having been appointed by the societies, does everything right

from the beginning and culminates it into the construction. The said

observations of the Court are required to be noted which read thus:-

             “99. The SRA and whosoever is concerned in regard to the slum
             redevelopment need to be conscious of the ground realities namely that it is
             an herculean task in a city like Mumbai to remove any encroachment on
             private and public land. It is equally difficult for a private owner of the land
             to safeguard its land and prevent encroachment. This is the sad story, as
             encroachment does not happen by such encroachers simplicitor squatting on
             the land, invariably the encroachment is backed inter alia by slumlords,
             criminals, social workers, politicians (as the squatters would be vote banks).
             For a bonafide landlord, it is impossible to fight with such forces and keep
             litigating on removal of encroachment. Thus, to achieve removal of the
             encroachment, is seen to be impossible for the landlords and for public
             bodies like State Government and Municipal Corporation as also the Airport
             Authority, as major public lands in the City of Mumbai have vanished from
             the public pool and are subjected to private development by developers
             under the garb of slum re-development, as the rulings of this Court on
             several such issues would remind us of these woeful realities. In these
             circumstances, persons like the developers who are interested in commercial
             exploitation of any land under the slums may it be private or public, who are
             backed by other powerful forces and many times also by the government
             machinery, initiate proceedings under the Slum Rehabilitation Act for
             declaring private land as a slum. The moment such a declaration takes place,
             a nightmare and one of the most difficult journeys any citizen who owns
             land, commences namely to pursue litigation on such a declaration. It is
             hence as good as a preliminary capital punishment in so far as the ownership
             rights qua the private land are concerned. The way forward is just to be
             imagined. This being the case immediately developers who keep track on
             such development potential purportedly at the behest of the slum society
             come forward on a purported appointment by a slum society. In reality it is
             seen that it is the developer who actually forms the slum society. He is the
             one who is taking steps to enter into a development agreement with the
             society and the slum dwellers and put up a proposal before the SRA through
             his architect, everything in the name of the slum society. This for the reason
             that there is a bonanza of FSI of a free sale component available to be
             developed by the developer. The question is why should the developers have
             such bonanza on a land of somebody's ownership or of a private ownership.
             Thereafter, the SRA purporting to exercise some pious obligation would,
             under a label of social sympathy and purportedly to forward the object of the
             Slum Act, commence a process to permit development at the hands of such
             developer and in a given situation, start proceedings to acquire the land. To
             say the least, we can certainly take a judicial notice that this has been a sad
             reality, replete on this branch of slum jurisprudence, as majority of these
             cases are asserted by the developers with all resources and legal ammunition
             they could have.”
                                                                           (emphasis supplied)




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(ii)         There is so much of credence to the fact position in regard to the role of

the slum societies. First and foremost, it is quite difficult for a slum society per se

to have any expertise in selection of a developer, inasmuch as it would be the

leaders of the slums who have in reality been approached by these developers, to

get convinced that a particular developer needs to be appointed and that too for a

large project, foisting their discretion on the other slum dwellers. The reason

being that the credentials of such developers appointed would be tested for the

first time when a proposal is submitted to the SRA by such developers. However,

the proposal is itself submitted only after the development agreement is entered

into with the slum dwellers. Thus, once the developer is appointed by executing

the agreement, it becomes an irreversible position for the society to back out from

such agreement, in the event the developer subsequently appears to be not

worthy of taking forward the development. There is a likelihood of a number of

issues / disputes arising on account of the developer not specifically not

complying with its obligation under the development agreement. This is the

normal situation. In such context, prominently the issues which reach before the

Court are the issues of non payment of transit rent, the developer not entering

into the permanent alternate allotment agreement by demarcating specific

tenements, commercial or residential, gross delay in undertaking the

redevelopment and the dispute in regard to financial incapacity, to name a few.


(iii)        On the aforesaid backdrop, in our opinion, such redevelopment cannot be

purported to be a slum dweller society-centric (when in reality it is not) it is in

fact developer-centric, inasmuch as it is the developer who does everything right


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from formation of the society and managing all subsequent affairs with the SRA

till the occupation certificate is granted. The reality is that it is the developer who

controls everything and the entire slum redevelopment wherever it takes place is

a developer’s paradise.


(iv)         This model in the statutory colour it wields needs to be reconsidered, is

our opinion, which would be by streamlining the role of the slum society and

participation of the slum dwellers in the redevelopment being replaced by having

a robust mechanism which would involve the committee of the SRA that would

in fact identify and select a reputed developer from its panel so as to effectively

achieve the goals for the society of slum dwellers. Solely everything being done

sub silentio by the society, when in fact it is undertaken by the developer, needs

fundamental correction. This more particularly, considering the helplessness of

the slum dwellers in finding out the right person to be appointed as a developer,

which itself goes to the root of the redevelopment, as large number of disputes are

arising only from such position of the developer which is between the society and

the SRA.


(v)          This assumes importance, more particularly when the land on which the

slum redevelopment is being undertaken, is the land belonging to the State

Government or to public bodies like the Municipal Corporation, MHADA,

MMRDA etc. The question arises as to why, in respect of such lands, the society

needs to be the sole propeller to initiate redevelopment and ultimately this

developer, the society and the SRA become the only active participants in the

development, with the owners of the land namely the State Government,

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MHADA, MMRDA, etc., being rendered to be mute spectators in the scheme of

redevelopment as it stands. In this regard, serious observations are made by this

Court in Galaxi Enterprises (supra) as also in New Janata SRA Co-op. Housing

Society Ltd. (supra).


(vi)         We find from the provisions of the Slum Act as also the DCPR 33(10)

that the role of the society is very limited as specified in Sections 13, 15A and

Regulations 1.6, 1.11, 1.16. This certainly requires a deeper reconsideration as

such relationship inter se between the society and the developer vis a vis SRA has

generated enormous litigation.


V)           Slum on Private Lands:


(i)          Slum redevelopment, from the very beginning, when the Slum Act was

introduced, has been the subject matter of litigation. As noted hereinabove, slums

are generated by encroachments on public and private lands. Once slum

settlements come into existence, they are, for all effective purposes, regarded as

areas of concern within the urban agglomeration, affecting town planning and

the surrounding areas in their vicinity. The procedure to declare a slum under

Section 4 is the first step towards recognizing such a slum. If such declaration is

in respect of private lands and in regard to settlement on private lands which are

regarded as slums, large scale litigation is generated by challenging such action.

The concern is for disputes raised before different authorities as also before the

Court, is the action on the part of the Slum Rehabilitation Authority to take

recourse to the provisions of Section 3C to declare the area as a “slum

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rehabilitation area”, at the request of a slum society, and once such slums are so

declared as “slum rehabilitation areas”, under the garb of the owners not

undertaking the redevelopment of the slum, the Chief Executive Officer resorts

to compulsory acquisition of the private lands for the purpose of slum

redevelopment at the hands of the society so appointed. This has been the

subject matter of consideration in several cases before this Court. (Ref.: Indian

Cork Mills Pvt. Ltd. vs. State of Maharashtra, Bishop John Rodrigues Vs. State of

Maharashtra and finally the decision of the Supreme Court confirming the said

decision of this Court in Tarabai Nagar Cooperative Housing Society Vs. State of

Maharashtra and Saldanha Real Estate Pvt. Ltd Vs. Bishop John Rodrigues and

Ors).


(ii)         It is quite routinely seen that the provisions for declaration of a land as

slum are invoked by the Chief Executive Officer so as to deprive the owner of the

preferential rights of redevelopment of his own land. The position in this regard

although now is well-settled.


(iii)        The thought in this regard is required to be to weed out slums in private

properties so as to ameliorate the slums phasewise and for which proper technical

assistance is to be provided by the SRA. A need for appropriate provisions which

would safeguard the valuable rights of property of the landowners which include

the right to enjoy all the benefits derived from it (usufruct) are required to be

considered, can a deeper thought on such aspect is the need of the hour.




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VI    Constitution of Apex Grievance Redressal Committee (AGRC) and
Grievance Redressal Committee (GRC):


(i)          A Full Bench of this Court in Tulsiwadi Navnirman Co-op. Housing

Society Ltd. & Anr. vs. State of Maharashtra & Ors. (supra) was considering large

scale litigation reaching this Court on issues pertaining to slums and

redevelopment of slums, which involve a fact finding exercise. It is in such

context, and also in the context of the decision of this Court with regard to the

nature of powers conferred upon the State and Slum Rehabilitation Authority

during the course of implementation and monitoring of the Slum Rehabilitation

Scheme, that the issues were considered by the Full Bench of this Court as

referred by the Division Bench in the case of Tulsiwadi Navnirman Co-op.

Housing Society (supra). The relevant observations as made by the Court are

required to be noted, which read thus:

             “2.     The Maharashtra Slum Areas (Improvement, Clearance and
             Redevelopment) Act, 1971, (hereinafter referred to as “Slum Act” for short)
             came to be extensively amended in 1996-1997 and 2001, introducing Chapter
             I-A therein. That Chapter is entitled “Slum Rehabilitation Scheme”. Under
             that Chapter falls Section 3A. This provision is inserted with a view to
             establish a Slum Rehabilitation Authority (S.R.A. for short) for implementing
             Slum Rehabilitation Scheme. After this Chapter was introduced in the Slum
             Act and such Authority became functional for Brihanmumbai and its suburbs,
             that the S.R.A. decided to undertake and implement several rehabilitation
             schemes. The State took notice of proliferation of Slums on public lands and
             properties. Therefore, it decided to confer wide powers on the S.R.A. so that
             the public lands are cleared by S.R.A. acting in co-ordination with the local
             authorities. For that purpose, the State Government made appropriate
             amendments and inserted provisions in the planning and local laws. Insofar as,
             Mumbai is concerned, S.R.A. was put in charge of permitting developments
             on lands, which had large slum pockets. Lands were of private/public
             ownership. Therefore, after amending Maharashtra Regional and Town
             Planning Act (M.R.T.P. Act) for short, the Development Control Regulations
             for Brihanmumbai (D.C. Rules 1991) were also amended. These Development
             Control Regulations are traceable to section 22(m) of the M.R.T.P. Act, 1966.


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             For individual development to be controlled, monitored and regulated as also
             restricted, development control rules were made and they are traceable to the
             Development Plan itself.

             3.       One of the Regulations in the set of Regulations, to control
             development in Mumbai, pertains to Floor Space Index and its computation
             (F.S.I.). While, computing the permissible F.S.I. for development of the
             lands/property, incentives were offered by the State and Local Body
             (Brihanmumbai Municipal Corporation) to Developers and Builders. An
             obligation was cast upon them as also the owners of these private lands to
             rehabilitate the slum dwellers at the same site as far as possible and after
             discharging this obligation to develop the plot/land. The incentive was
             increased F.S.I. or appropriate adjustments in computing permissible outer
             limit. At the same time, the slum pockets were also offered incentive inasmuch
             as persons residing in slums were permitted to organise themselves into Co-
             operative Housing Societies and such Co-operative Societies were further
             permitted to come forward with a proposal for development of the land, on
             which slums are situated or located, either by societies themselves or an
             outside Agency and incentives were offered for the same as well.

             4.     The underlying object for the above being clearance of the lands by
             removal of the slums and dilapidated structures. It is now a well known fact of
             which judicial notice has been taken repeatedly, that large scale encroachment
             takes place as far as Government properties and lands are concerned. The
             Government and its instrumentalities and agencies are unable to control
             encroachment, illegal squatting and unauthorised development on its lands as
             the political will and strength is lacking. The slum pockets being Vote Banks,
             preventive or prohibitory measures are not initiated at right time. The number
             of encroachers and squatters on lands, roads and pavements have increased and
             one can witness the same. Once the incentives were offered as above and
             regulatory and rehabilitation measures and schemes were mooted number of
             disputes and differences between the slum dwellers/encroachers and the local
             authority and appropriate agencies have arisen which are consuming valuable
             time of this Court. In such disputes, the acts and omissions of the Authorities
             and Agencies are highlighted. The State and the SRA does not resolve them is
             the principal grievance. Hence, steps are taken to approach this Court.
             5.      Every Division Bench assigned constitutional and writ matters on the
             Original Side has to deal with petitions under Article 226 of the Constitution
             of India arising specifically from Mumbai, wherein above disputes and
             differences are involved. The request is to resolve the same in this Court's
             constitutional and Writ Jurisdiction.
             6.      Noticing an increasing spate of litigation and the nature of disputes and
             differences projected therein, it was decided that certain parameters need to be
             laid down which would enable this Court to take note and cognizance of
             genuine grievances. Hence, the first and foremost objective of setting up a
             larger Bench was laying down the parameters.
             ……….

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             14.     Broadly, the disputes which are brought before the Court and
             highlighted by the facts in the two petitions noticed above are between slum
             dwellers themselves, Slum Dwellers and Developer, Developer in a
             Rehabilitation project who is not acceptable to a particular group or section of
             slum dwellers, they propose name of another developer and last but not the
             least between the slum dwellers, developers and the B.M.C. and S.R.A. This is
             a common complaint. The implementation of the scheme or project is
             obstructed and often comes to a complete halt on account of inaction by the
             S.R.A. and the State Government. They do not take any cognizance of
             common grievances, for example, removal of the Minority or obstructing
             occupants from the site etc. On some occasions, they refuse to intervene. The
             allegation is that SRA or State sides with one group or the other. Resultantly all
             disputes land up in this Court and that is how petitions under Article 226 of
             the Constitution of India, are filed.”
                                                                       (emphasis supplied)


(ii)         It is in such context, the following questions were framed by the Full

Bench as set out in paragraph 15 of the said decision, which read thus:

             “15. There are several such matters which have been grouped together. It is
             in the backdrop of such factual and other disputes and complaints with regard
             to implementation/non implementation of the schemes and projects meant for
             slum dwellers that the following questions were formulated, for being
             answered in this reference, by the Division Bench:—
             (a) Whether, a private party can seek resolution of dispute and claim relief
             entirely falling in the private domain, under the garb of Public Authority not
             functioning?
             (b) Whether Municipal Corporation or S.R.A. are responsible for defaults,
             under the schemes of Slum Redevelopment or under Urban Renewal
             Schemes?


(iii)        The aforesaid issues were answered by due consideration of the provisions

of the Act and Development Control Regulations in the following terms:


             “111. We have actually not nor should it be understood that we have in
             any way expressly or implied restricted the scope of applicability of Article
             226 of the Constitution to such cases. We have only indicated certain cases
             where inter or intra-departmental mechanism may be invoked in
             consonance with the scheme of the Act before approaching this Court. Such
             classification is not exhaustive but is merely an indication of class of cases
             where the Court in its discretion may require the parties to take recourse to
             such remedy. These principles are neither innovative nor new percepts but
             are re-appreciation of well accepted principles.


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             112. Compelling the parties to file suits would neither be efficacious,
             alternate remedy nor would meet the ends of justice in all cases.
             113. Till such time as the Legislature or the State Government makes
             changes or amendments, it would be just, fair and proper to direct that a
             Monitoring Agency/mechanism should be set up by the State so that the
             power to supervise and issue directions available in the Slum Act can be
             exercised effectively. The State Government as also the Slum Rehabilitation
             Authority has not opposed this course during oral arguments. Hence, we are
             of the view that the State should immediately establish a monitoring agency.
             It is necessary to do so for the following reasons:—
             114. That apart, with a view to remove all apprehensions in the minds of
             slum dwellers and other aggrieved parties, we suggested to the learned
             Advocate General that the State should immediately set up a monitoring
             agency/mechanism so that the power to supervise and issue directions
             available in the slum Act can be exercised effectively. In all fairness, learned
             Advocate General stated that directions be issued in that behalf. The State
             should immediately put a monitoring agency in place.
                    a) Considering that the Eligibility criteria is determined by the
                    District Collectorate and in cases of land belonging to public body by
                    the Competent Authority thereof, the scheme works with co-
                    operation and co-ordination of these Authorities. It is, therefore, of
                    utmost importance that the SRA acts as a Chief Co-ordinator and the
                    Government, being the ultimate and final body, which establishes
                    authority like SRA and sets up public authorities like MHADA,
                    MMRDA etc. should have a final word.
                    b) The Government and all such bodies have a duty to undertake and
                    implement these projects. The implementation is not restricted only
                    to sanction and approval of plans and grant of permission. The
                    Government must see to it that the purpose of establishing SRA is
                    achieved and slum dwellers are rehabilitated, so that the government
                    and private lands are slum free. Equally the pavements, which are
                    meant for use of residents and tax payers are cleared. In other words,
                    if the Government does not want proliferation of slums, then it has to
                    take steps to ensure Coordination and Harmony amongst the
                    Agencies and Authorities.
                    c) It would be of utmost importance that the Government sets up
                    high power committee, consisting of a person, preferably a Principal
                    Secretary, to be nominated by the Secretary, who shall be assisted by
                    Chief Executive Officer/SRA, CEO/Vice President of MHADA and
                    CEO/Vice President of MMRDA and Commissioner of Municipal
                    Corporation, Gr. Mumbai.
                    d) That any complaint about eligibility of slum dwellers, eligible slum
                    dwellers being denied tenement, developers not undertaking and
                    completing the project as per the permission and approval so also
                    within the stipulated time frame, transit accommodation being
                    unavailable or not provided for etc. shall be addressed to this
                    Committee and grievances be looked into by it accordingly. The
                    Courts cannot be approached straightway unless and until above
                    mentioned Committee is first moved by the aggrieved person in the
                    form of an application/complaint in writing. If the grievance is not
                    redressed or complaint/representation is not attended to, then and in


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                     that event this Court can be approached under Article 226 of the
                     Constitution and not otherwise. Ordinarily, no person can approach
                     this Court directly without exhausting the above remedy.


             115. In the result, we are of the opinion that writ jurisdiction is available
             in matters of Rehabilitation of Slum Dwellers but the limits of exercise of
             power should be confined and restricted to matters, which remain
             unresolved despite the remedies of Appeals etc. being exhausted. Similarly,
             in the illustrations given by learned Advocate General, this Court can be
             approached only if the decision of SRA or State is permissible for being
             interfered with on the settled principles in writ jurisdiction. We have given
             illustrations and categories of case wherein a prerogative writ may be issued
             so as to ensure smooth and effective implementation of Slum Rehabilitation
             Scheme. However, the writ jurisdiction will not be available where the
             dispute is essentially private or contractual and the State Government, SRA
             and other local bodies are impleaded as parties only to file writ petition. In
             other words, when the main relief is not sought against these bodies, yet,
             they have been impleaded as parties and the dispute is mainly and essentially
             between private parties involving purely private law, then, writ petition is
             not the remedy.


(iv)         The questions framed in paragraph 15 were answered by the Full Bench

in the following terms:

             “118.   In the result, we answer the question framed hereinabove as under:
             A)     While exercising the Jurisdiction and powers under Article 226 of
             the Constitution of India in matters concerning Rehabilitation - of Slum
             Dwellers and schemes framed under relevant statutes, distinct yardsticks
             cannot be carved out nor separate parameters laid down by this Court.
             B)       However, the limits and restrictions which are placed on the writ
             jurisdiction of this Court by Authoritative pronouncements of Supreme
             Court would govern the writ petitions challenging the orders,
             actions/inaction of the Authorities in-charge of implementing and/or
             monitoring the Slum Rehabilitation Scheme.
             C)      It is clarified that ordinarily a petition under Article 226 of the
             Constitution of India can be filed and depending upon the facts and
             circumstances of each case, this Court can decide to intervene, even if,
             alternate remedy provided above is not exhausted by the petitioner.
             However, such intervention should be minimum and the Court must abide
             by the Rule of caution and Prudence enunciated by the Supreme Court in
             this behalf. In exceptional and deserving cases, this Court would exercise its
             powers and no general rule can be laid down in that behalf.
             D)      As far as disputes and questions involving the slum dwellers and
             Slum Rehabilitation Authority/Public Body/State, Co-operative Housing
             Society of Slum Dwellers and Developers, Registered Co-operative Housing
             Society of Slum Dwellers on one hand and proposed Co-operative Society
             on the other, Developers and S.R.A./State, a Writ petition under Article 226
             of the Constitution of India would not lie or would be entertained unless

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             and until the parties exhaust the remedy of approaching the High Powered
             Committee referred to above.
             E)      The only exception that can be made to Clause (D) above, is with
             regard to Writ petitions challenging the validity and legality of the Rules,
             Regulations and Policy Circulars/directives issued under the Statutory
             provisions or the vires of the Statutory provisions themselves. In such cases,
             the Court would not insist upon exhaustion of remedies stipulated above.
             Similarly, if a High Powered Committee/Authority refuses to act on the
             representations/applications despite proof of the same having been received,
             then, in appropriate cases, directions can be issued to the said Authority.
             However, the parties must satisfy this Court that they had made a grievance
             with regard to inaction of High Powered Committee to the State
             Government and it has also refused to issue any directions to either that
             Authority or SRA. Thus, if the State inaction is also alleged, then, the
             petition can be entertained. However, grant of relief would depend upon this
             Court satisfying itself about the promptness or sense of urgency shown by
             the aggrieved party apart from its bona fides in approaching this Court.
             F)      Needless to state that the Rule of Prudence and caution evolved by
             the Supreme Court with regard to exhaustion of alternate remedy would
             always be applicable. If the disputes and questions raised involve factual
             aspects or necessitate leading of oral and documentary evidence, then, this
             Court can refuse to interfere in writ jurisdiction leaving open to the parties,
             remedy of suit in competent civil court or Arbitration.
             G)      It is clarified that purely private disputes or those involving
             contractual rights, brought before this Court by way of writ petitions, will
             have to be ordinarily resolved by recourse to civil suit or arbitration and this
             principle would apply even to petitions where the State, S.R.A., B.M.C.,
             MHADA etc. are impleaded as parties.
             H)      An exhaustive category of such cases and disputes cannot be framed
             and the General principles governing writ jurisdiction would be applicable
             having regard to the facts in each case.”
                                                                       (emphasis supplied)



(v)          In view of the aforesaid directions of the Full Bench, initially a High

Power Committee (HPC) was constituted by the State Government to adjudicate

the disputes of the kind as observed in the said decision of the Full Bench.

However, subsequently, an amendment was brought about to the provisions of

the Slum Act by incorporating Section 34A and Section 34B for the constitution

of AGRC and GRC respectively.                       Such amendment was incorporated by

Maharashtra Act No. 33 of 2023 with effect from 8 March, 2017. Sections 34A

and 34B are required to be noted, which read thus:

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             “34A. Constitution of Apex Grievance Redressal Committee.—
             (1)     The State Government shall, by notification in the Official Gazette,
             constitute, the Apex Grievance Redressal Committee or Committees, for
             such area as may be specified in the notification, consisting of the
             Chairperson and such number of members and for the purposes of
             exercising such powers and performing such functions as the Government
             may deem fit to assign to it under this Act.


             (2)      The Apex Grievance Redressal Committee shall exercise the powers
             and perform the functions, as follows, namely :—
                  (i) to hear and dispose off appeals against orders of the Chief Executive
                  Officer or any Officer to whom the powers are delegated by the Chief
                  Executive Officer, as provided under this Act;
                  (ii) any issues or matters referred to it by the State Government.

             (3)     The qualifications of the Chairperson and the members of the Apex
             Grievance Redressal Committee, the procedure to be followed for
             transacting its business and quorum for its meetings, shall be such as may be
             prescribed.

             34B. Constitution of Grievance Redressal Committee.—
             (1)     The State Government shall, by notification in the Official Gazette,
             constitute Grievance Redressal Committees consisting of Chairperson and
             such number of members as the Government may deem fit, for such areas as
             may be specified in the notification for the purposes of exercising the
             powers and performing the functions as may be assigned to it under this
             Act.

             (2)     The qualifications of the Chairperson and the members of the
             Grievance Redressal Committee, the procedure to be followed for
             transacting its business and quorum for its meetings, shall be such as may be
             prescribed.”


(vi)         It is thus clear that AGRC would exercise powers to hear and dispose of

appeals against the orders of the Chief Executive Officer or any officer to whom

the powers are delegated by the Chief Executive Officer, as provided under the

Act. Further, the “Grievance Redressal Committee” exercises powers as assigned

to it under the provisions of Section 35 of Slum Act that is to decide the appeals.

Section 35 reads thus:

             35.    Appeals.—
             (1)     Except as otherwise expressly provided in this Act, any person
             aggrieved by any notice, order or direction issued or given by the


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             Competent Authority, may appeal to the Appellate Authority, who shall be
             a person holding a post not below the rank of Additional Collector, in
             respect of the areas of Municipal Corporations and “A” Class Municipal
             Councils, and not below the rank of Deputy Collector, in respect of areas of
             other Municipal Councils, to be notified by the State Government, within a
             period of thirty days from the date of issue of such notice, order or
             direction.
             (1A)    Any person,—
             (a)     aggrieved by any notice, order or direction issued or given by the
             Appellate Authority under sub-section (1), may file an appeal within a
             period of thirty days from the date of receipt of such notice, order or
             direction, before the Grievance Redressal Committee;
             (b)     aggrieved by any notice, direction, circular, decision, order,
             permission or approval issued or given by the Chief Executive Officer of
             Slum Rehabilitation Authority or any Officer to whom the powers are
             delegated by the Chief Executive Officer, may file an appeal within thirty
             days of receipt of such notice, direction, circular, decision, order, permission
             or approval, before the Apex Grievance Redressal Committee.
             (2)   Every appeal under this Act shall be made by petition in writing
             accompanied by a copy of the notice, order or direction appealed against.
             (3)     Any appeal shall not operate as a stay order appealed from except so
             far as the Appellate Authority may grant by reasoned order, nor shall
             execution of any other be stayed by reason only of an appeal having been
             preferred from, but the Appellate Authority may for sufficient cause order
             stay of execution of such order and if the notice, order or direction against
             which appeal is made and is set aside by Appellate Authority on an appeal
             disobedience thereto shall not be deemed to be an offence.
             (4)    No appeal shall be decided under this section unless the appellant
             had been heard or has had a reasonable opportunity of being heard in
             person or through a legal practitioner.

             (5)    The decision of the Grievance Redressal Committee and the Apex
             Grievance Redressal Committee on appeal shall be final and shall not be
             questioned in any court.”


(vii)        The issues which have continuously reached the Court in regard to

matters pertaining to AGRC and GRC are as under:


             (a)     Large number of matters are pending before the AGRC as well as

             the GRC. These Committees are unable to dispose of the interim

             applications and the appeals expeditiously as they do not have regular

             sittings or have limited sittings considering their composition of its



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             members. We take judicial notice of the fact that in this regard several

             petitions are filed merely seeking directions to the AGRC to decide the

             appeal or the Interim Application for stay or for interim orders, and for

             the said reason that these committees do not hold sittings every day and is,

             on many occasions, available only once or twice in a fortnight.

             (b)       The next grievance is that, considering the orders which are

             required to be passed by AGRC on the nature of disputes in the appeal, it

             is of utmost necessity that a person trained in law, i.e., a retired Judicial

             Officer or a person who has practiced as an Advocate with sufficient

             experience at the Bar, be appointed as a Member of the AGRC. We find

             that presently AGRC comprises of five members, who are officers of the

             State Government, as follows:

                      Chairman:       Additional Chief Secretary, Mumbai
                                       Metropolitan Region Development Authority

                       Committee Members:
                      Vice President/ Mumbai Metropolitan Region Development
                       Authority (MMRDA)
                      Chief Executive Officer, SRA
                      Additional Municipal Commissioner, Municipal Corporation of
                       Greater Mumbai
                      Additional Commissioner, Municipal Corporation of Greater
                       Mumbai.”


                       The following officers constitute the GRC:

             “Grievance Redressal Committee (Mumbai City)

                    Chairperson: Additional Collector / Divisional / Special
                     Executive Magistrate, Mumbai
                    Joint Chief Officer, MMRDA, Mumbai
                    Deputy Commissioner, MCGM as authorized by the
                     Commissioner, MCGM, Mumbai

             Grievance Redressal Committee (Mumbai Suburban)
                      Chairperson: Additional Collector / Divisional / Special

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                        Executive Magistrate, Mumbai Suburban
                       Joint Chief Officer, Rehabilitation and Resettlement Board
                       Deputy Commissioner, MCGM as authorized by the
                        Commissioner, MCGM
             Grievance Redressal Committee (Thane City)
                     Chairperson: Additional Collector / Divisional / Special
                      Executive Magistrate, Thane
                     Joint Chief Officer, MMRDA, Konkan
                     Deputy Commissioner, Thane Municipal Corporation as
                      authorized by the Municipal Commissioner
             Grievance Redressal Committee (Pune City)
                     Chairperson: Deputy Commissioner at the rank of Deputy
                      Collector in the office of Divisional Commissioner, Pune as
                      authorized by Divisional Commissioner, Pune
                     Joint Chief Officer, MMRDA, Pune
                     Deputy Commissioner, Pune Municipal Corporation as
                      authorized by the Municipal Commissioner”


              (c)       We are of the clear opinion that it is high time that both the AGRC

              and GRC hold regular sittings. Further, multiple Committees should be

              constituted by categorizing the territorial jurisdiction of such

              Committees, as permitted by the recent amendment to Section 34A,

              which provides that one or more Committees may be constituted.


             (d)        The AGRC needs to have a Chairman, who is a former Judge of the

             High Court and a Judicial Member (Retired District Judge), considering

             the nature of the disputes being taken to the AGRC arising from orders

             passed by the Chief Executive Officer, which involve adjudication of civil

             rights, including rights touching on the constitutional guarantees under

             Articles 14, 21, 19(1)(g) and 300A of the Constitution. The reason being

             that appropriate adjudication by the AGRC concerning such valuable

             rights of the parties ought not to generate further litigation.

             (e)        Similarly the GRC needs to have a Chairman to be a retired District


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             Judge and a Judicial Member (Retired Civil Judge) alongwith other

             members.


             (f)   At the level of the AGRC, an endeavour needs to be made to bring

             about a satisfactory resolution, thereby furthering the object and intent of

             the legislation, since litigation on such issues is neither conducive to the

             interests of the slum dwellers nor to the State Government, the authorities

             or the appointed developer and would, in fact, be counterproductive to

             the redevelopment of slums.


             (g)   The AGRC as also the GRC are required to decide               Interim

             Applications expeditiously and, in any event, within a period of 15 days

             from the date of filing of the Interim Application, depending upon the

             urgency of the matter. Accordingly, the AGRC and GRC need to have

             more permanent Benches headed by retired Judicial Officers. The

             suggestion is for the Committee to consider amendment of the provisions

             of the Slum Act on such issues.




VII          Disputes on Annexure II :


(i)          It is routinely observed that disputes relating to the eligibility of slum

dwellers, ultimately reflected in Annexure-II, generate substantial litigation.

Robust statutory mechanisms and methods now being formulated by slum

dwellers, along with the certification of the slum, require systematic institutional

efforts to address disputes concerning the eligibility of slum dwellers so that such

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disputes can be resolved without generating litigation.


VIII         Pool of Houses :


(i)          We are in agreement with the submissions made by Mr. Rustomjee,

appearing for the deceased intervenor Mr. Shirish Patel, that the existing

approach of providing free housing ought to be reconsidered. The notion that a

poor family residing in an urban area must necessarily be provided with free

housing needs to be re-examined. The submissions that every household should

contribute towards the cost of its own constructed house, and that subsidized

housing loans should be made available for this purpose. Further, for families

who are unable to afford EMIs towards the construction cost, housing may be

provided by the SRA on a Leave and Licence basis, as suggested in the

Afzalpurkar Committee Report.


(ii)         In the event, the tenement is allotted free of cost, there should be a

preferential right in favour of the Government/SRA in the event of sale in the

open market. Such sale should be permitted only in favour of the Government or

the SRA at the subsidized construction cost, or at such price as may be

determined to be payable by the slum dwellers to the State Government. This

would enable the allotment of tenements to persons genuinely in need by

enhancing the pool of public accommodation, which may be made available to

people who need it.


(iii)         In respect of land owned by the Government, such ownership ought to

be transferred to a Community Land Reserve, whereby the land is reserved for a


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specific purpose so that it may always be used exclusively for low-income

housing. The sale of such land along with the structures thereon ought not to be

permitted. The Community Land Reserve should be managed by non-private

bodies that may be created by the State Government.


IX           Pool Public Housing :


(i)          This Court in the decision of Jilani Building, has echoed the need for the

State Government to formulate a policy to create a substantial pool of houses,

which can be made available, on payment of compensation, to persons who

intend to migrate to cities and occupy such houses by paying the prescribed

compensation to the State Government. This would reduce the encroachment on

public and private lands and ensure that persons in need of housing are able to

reside in decent houses.


(ii)         With the development of mass transportation facilities, a significant

portion of the existing population who reside in the city are spread across distant

suburbs, for whom commuting is not a major impediment. If this be the position

for those residing in legitimate housing in suburban areas, the question arises as

to why “in situ” rehabilitation on encroached public land ought to be at all

permitted. This issue requires urgent reconsideration and total discarding of the

provisions of in situ houses by encroachment on public land under the garb of

slum redevelopment as noted hereinabove. It is also for such reason that there is

a need to create substantial public housing by appointing an Expert Committee

to estimate the housing needs of the city and to identify land on which mass



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housing facilities can be developed.


X            Financing arrangement in regard to redevelopment of slum :


(i)          Large number of disputes have reached the Court concerning financial

arrangements undertaken by developers in the implementation of slum

redevelopment schemes.          At the outset, it may be observed that financing

arrangements in respect of slum redevelopment on private land may not pose

significant difficulties. However, where slums are to be redeveloped on land

belonging to the State Government or public bodies such as the Municipal

Corporation, MMRDA and MHADA, then certainly a specific and a rigorous

regulatory control is necessary. It cannot be overlooked that developers are

appointed by societies of slum dwellers, while the lands on which such

redevelopment is undertaken are public lands. In such circumstances, the issues

concerning the mortgage of public land to financial institutions or other financial

arrangements between the private financiers and developers must be regulated by

the Slum Rehabilitation Authority.


(ii)         The nature of the litigation which has reached the Court has shown very

serious disputes arising out of the financial arrangements. The slum dwellers are

completely unaware of and/or alien to, the ground realities of these financial

transactions. Many financiers have become co-developers and are required to be

so recognized by the Chief Executive Officer of the Slum Rehabilitation

Authority, whereby in such a situation, one party may only have a financial

interest while the other party is the party would actually undertake the slum


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redevelopment. Any dispute arising inter se between such parties or among

multiple parties to such arrangements, have severely affected the implementation

of the slum redevelopment scheme. Either the finance being not made available

or the parties resort to litigation, arbitration, resulting in a stay on redevelopment

of the slum. The slum dwellers as also the SRA find it difficult to have any

control over such situations as the only tool available with the CEO-SRA is to

remove a developer under Section 13 of the Act in the event a slum project is

being delayed. The funds brought by one of the parties into the slum scheme

become the subject matter of disputes and in such eventualities, things go to the

extent of the developers indulging into wholesale trading in the slum scheme

and/or in fact dealing in such slum scheme by resorting to a manner to bring

another developer or financier into the picture, thereby changing the entire

original complexion of the slum scheme. These are complex disputes arising in

disputes which have reached the Court (see: New Janta SRA CHS Ltd. vs. State of

Maharashtra54 and Paramvir Developers Private Ltd. & Ors. vs. Slum

Rehabilitation Authority and Ors.55). The Court has taken a view that insofar as

this financial arrangement is concerned, it is the dispute between two private

parties and which would be the subject matter of litigation to be adjudicated in a

Civil Suit in view of the fact that the Chief Executive Officer would not have any

control on inter se financial disputes between two parties and the role of the

Chief Executive Officer, SRA would be limited to the effective and expeditious

implementation of the slum scheme.               No doubt security deposits / bank

54 2019 SCC OnLine Bom 3896
55 Writ Petition (L) No. 41556 of 2025

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guarantees are taken from the developers / financers. It is, therefore, necessary

that appropriate statutory/regulatory control needs to be introduced, looking at

the complexity of such situations so that the slum schemes which are already in

process of being implemented are not entangled in such disputes and the slum

dwellers do not suffer on such count.


XI      The requirement for a maximum density cap for rehabilitation to be
fixed:-

(i)          This issue is of concern because slum tenements which were originally

spread across a larger land parcel would be required to be rehabilitated in a

vertical manner through the construction of a slum rehabilitation building. For

instance, if a plot of slum measuring 10,000 square meters contains 1000 slum

tenements, and such slum tenements are to be rehabilitated vertically in a newly

constructed building, an important question arises as to what portion of the land

would be required for the rehabilitation of the slum dwellers, and what portion

would remain available to the developer for free-sale development in the open

market?


(ii)         The statistics in such a situation would be significant. Under normal

circumstances, not only would the 1,000 existing slum dwellers be rehabilitated

on the same plot, but the land would also bear the additional burden of free-sale

tenements constructed by the developer after completing the rehabilitation

component.          This situation inevitably raises the issue of density of the

population, as the same plot which was originally occupied by 1,000 slum


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dwellers would eventually accommodate a substantially higher population due to

the addition of free-sale residential units.


(iii)        Very serious concerns are raised on behalf of the parties as noted by us in

recording their respective submissions. There ought not to be any vertical slums,

as also the living conditions which are being made available on redevelopment in

such high rise slum buildings are commensurate with the normal human

requirements of appropriate tenements, which would cater to health, hygiene,

light and ventilation and other amenities like open spaces, children’s play area,

parking etc. to be made available not only to the redeveloped building, but also to

the free sale component which is being constructed. The object and intention are

not to have congestion or any unmanageable situation insofar as the realistic

living space and issues are concerned and more particularly looking at the future

of this development. There cannot be an unjust enrichment of the free sale

component at the cost of any compromise on the part of the slum dwellers who

are not in a dominant position or are in fact in a weak, exploitative and oppressed

vulnerable position.


(iv)          Also a reference is made to the National Building Code, 2016, (NBC

2016) (Part 3, Section C-2.4.2) which specifies 500 dwelling units per hectare as

the maximum density on a plot for 15 sq. metre apartments in four storey walk-

ups. The NBC 2016 does not specify which amenities have to be within a

walking distance of the 500 dwelling units per hectare as an essential aspect of

the housing construction.


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(v)          Mr. Seervai proposes that the maximum density for rehabilitation be fixed

at 600 tenements per hectare, which would be consistent with the maximum

density of 450 tenements per hectare as specified in DCPR 2034 for general

housing projects. This would help safeguard the interests of inhabitants by

ensuring that basic amenities in rehabilitation areas are maintained in line with

standards applicable to normal redevelopment under the DCPR 2034.


(vi)         The suggestion is also that slum TDR needs to be utilized exclusively

within slum redevelopment projects and not to be utilized in any other project as

prevalent. Hence, the suggestion is that the sale and purchase of TDR be

restricted for use in other slum redevelopment projects to maintain uniform

density across various slum pockets which are currently unequal.                Also, a

suggestion is made that the SRA could operate a slum TDR Bank for ease of

TDR encashment, sale and regulation of its pricing. The practice of concessions

and premiums granted under discretionary power of the CEO-SRA needs to be

immediately stopped, so as to facilitate in alienating the vexed issue of

apportionment, is the significant suggestion of Mr. Seervai.


(vii)        The suggestion is that the essential amenities to be provided on site shall

be first defined for the size of the population to be rehabilitated on that site and

on no account should the same be compromised. Adequate natural light and

ventilation, particularly to the lower floors and the space between buildings for

facades that have windows, shall not be compromised. In this regard, NBC 2016

(Part 3, Section 8) which provides for clear guidelines, must be adhered to. If the


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conditions which are so prescribed in regard to adequate social amenities, density,

light and ventilation are not feasible, then in such a case some families shall be

relocated on adjacent vacant land or in any other redevelopment site which is less

over-crowded. Thus, specific regulations in regard to preventing overcrowding of

the slum dwellers and/or any congestion which is vitally affecting the basic

human rights of the slum dwellers are matters of prime concern, on which there

needs to be appropriate regulations, which presently are lacking. Thus, a more

systematic and organized approach to the redevelopment of slum must be taken,

as also it should be scientific and well-planned.


(viii)        Thus, the suggestion is that a maximum tenement density needs to be

provided by suitably amending DCPR 33(10), keeping in view the principles of

sustainable development and to ensure that rehabilitated slum dwellers are

provided access to basic amenities. Also that the regulation should prescribe a

maximum density in line with DCPR 30(B) and the National Building Code of

India, 2016, rather than prescribing a minimum tenement density. Thus, the

need would be to have a re-look at the provisions of Regulation 33(10), VII, 3.8

which is extracted hereinbelow:-


             “3.8     Maximum FSI Permissible FSI that can be sanctioned on any slum
             site shall be 4 or sum total of rehabilitation BUA plus incentive BUA
             whichever is more with Minimum Tenement Density of 650 per Net
             Hectare. Due to local planning constraints and viability of the Slum
             Rehabilitation Project, the tenement density norms of 650 per net hectare
             may be reduced upto 25% by Chief Executive Officer, SRA subject to
             minimum tenement density of 500 per net hectare, In such cases, maximum
             permissible in-situ/total FSI shall be restricted to sum of rehabilitation and
             incentive BUA which may be generated in the scheme after such relaxation
             of tenement density. The computation of FSI shall be done for both rehab
             and free-sale component in the normal manner, that is giving benefit of what
             is set down in Regulation No. 31(1). While the areas referred in sub-

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             regulations No 6.6 and 8.2 of this Regulation shall not be included for
             computation of FSI the said areas shall be included for computation of the
             rehab component. In all cases where permissible in-situ FSI cannot be
             utilised in situ the difference between permissible FSI and that can be
             constructed in-situ, will be made available in the form of TDR in accordance
             with provisions of Regulation No. 32. Provided that permissible in-situ FSI
             shall be as below.
                    Provided that the aforesaid FSI shall be exclusive of the fungible
             compensatory area admissible under the provision of Regulation 31(3).
                     Criteria                          Permissible in situ FSI
             Access road of 9.0 m.    3.0 or up to the sanctioned FSI of scheme,
             and above but less       whichever is higher, subject to the observance of
             than 13.0 m.             building height under reg. 19(2)

               Access road of 13.0    4.00 or up to sanctioned FSI of the scheme,
               m. and above           whichever is higher. Relaxation in marginal open
                                      spaces as required under regulation 41(5)(a)(iii)
                                      shall be granted by CEO (SRA) in case of
                                      demonstrable hardship. However, minimum Joint
                                      Open Space of 9 m for buildings height above 32
                                      m & up to 70 m and 12 m between two adjacent
                                      buildings for buildings having height above 70 m
                                      but below 120 m shall be insisted. For buildings
                                      having height above120 m, joint open space
                                      between two adjacent buildings shall be 15 m.
                                      However, CEO (SRA) shall in case of hardship
                                      relax it to 12 m after recording reasons in writing.
                                      The relaxations granted shall be subject to
                                      compliance of requirements of CFO's NOC.



XII          Selection of Developers/Appointment of robust developer and
             quality of construction:


(i)          Today developers are appointed by the slum society. The whole edifice of

the slum redevelopment is on the developer who needs to be a person possessing

appropriate expertise and credentials demonstrating achievements in the

construction of rehabilitation buildings and free-sale buildings. Accountability in

construction, particularly in regard to quality and compliance with building

norms, requires strict implementation. There ought not to be creation of vertical

slums, as noted hereinabove. For this reason, a Special Committee of the Slum

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Rehabilitation Authority to be constituted, is the need of the hour, to monitor the

quality of construction in respect of any construction under the slum

rehabilitation scheme. Such Special Committee, as may be constituted, must

ensure appropriate certification of the quality of construction, particularly

considering that the quality of construction of rehabilitation buildings is often

not adequately maintained by developers.


(ii)         There cannot be any compromise in the quality of construction of

rehabilitation buildings merely because the buildings or tenements therein are

allotted free of cost. This is an unacceptable approach inasmuch as, irrespective

of whether the building is a slum rehabilitation building or a free-sale building,

all norms of construction and standards of quality must be strictly complied with.

Certificates of quality and accountability of the developers so appointed must be

ensured and recognized for a minimum period of 10 years, which is the least that

can reasonably be expected.


(iii)        Considering the nature of slums, redevelopment, and development, which

involves providing tenements to slum dwellers as well as constructing free sale

tenements, it is essential that slum redevelopment projects be undertaken by

developers with vast experience and a proven track record in implementing such

projects. A basic criteria, as suggested by Dr. Sathe, learned senior counsel

appearing for NAREDCO West Foundation, is that developers bidding for such

slum schemes be selected based on the size of the slum, built-up area, project cost

and density, as specified in clause 3.1.2 (a) of the DCPR. Only those developers

who have successfully completed projects of similar scale and possess the required

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minimum net worth would be considered. The practice of by-night developers,

appointed by slum dwellers or societies but actually executing slum schemes

through other developers, should be discontinued.          The SRA should adopt a

digitalized platform, similar to the MCGM system, for sanctioning

redevelopment proposals, including establishing a single window clearance

mechanism.


XIII         Apportionment of Slum Land


(i)          In regard to vexed issue of apportionment of slum land between

rehabilitation area and sale area, there is no statutory formula or percentage

stipulated for bifurcation of land and area between the rehab and sale area under

the Slum Act. Thus, any fixed ratio of apportionment would create inflexibility

in making the slum rehabilitation scheme further unviable. To overcome this and

the situations where the developer has to provide buildable reservations and

shifting of reservations under Regulation 17(3)(d) of the DCPR 2034 read with

regulation 9 of the DCR, freedom of planning is suggested to be the need of the

hour to ensure smooth implementation of slum projects.


XIV Identification of slum dwellers and cut-off date freeze:


(i)          The submissions as urged before the Court by the different stakeholders

lead to an inescapable inference that the Slums Act has failed to achieve its

objective, as there is no sign of the slums in such a large metropolitan city like

Mumbai or elsewhere, being eradicated. In fact, the slums in all the cities

continue to increase, thereby posing insurmountable challenges and giving

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sleepless nights to the town planners. This, considering that illustratively, for a

city like Mumbai, majority of the lands are occupied by slums, and the

eradication and/or redevelopment of such slum areas has not been achieved for

decades. This itself shows that there is something amiss in the legislation and its

implementation, as also in the policy of the State Government for the protection

of slums, including those on public lands, and making tenements available to the

slum dwellers free of cost in redeveloped premises or at subsidized rates, which

are available at Rs. 2.5 lakh per tenement. The suggestions in such context are

significant which are as under:-


             (a)    There needs to be an absolute freeze on the cut-off dates, which

             cannot be extended by way of any circular and should not be further

             revised. Accordingly, any slum established after the fixed cut-off date shall

             not be recognized, and its occupants shall not be eligible for rehabilitation.

             In accordance with the applicable legal provisions, such occupants are

             liable to be removed from the land, whether it is private or public.


             (b)    Non-protected slum dwellers can be offered housing from the

             public housing pool, if available, otherwise, they must secure housing in

             the private sector like any other citizen. The reason is that it is not

             justifiable for population below the poverty line, or those who are

             homeless in relation to the city (as opposed to rather than their original

             place of residence), to move into cities, occupy land illegally, form slums

             and thereafter benefit from government policies.         Such a policy that

             attracts additional population inflow under such            circumstances is

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             unacceptable.


             (c)    Also, the suggestion is that if a person considers migrating to a city

             based depending on his economic capacity, either public housing should

             be made available or the person must access housing through the open

             market.   The practice of providing free or subsequent tenements to

             encroachers is unconstitutional and should history. There is an evident

             laxity in government policies. Today, the State Government, as well as

             public bodies, are virtually landless in cities like Mumbai, which have

             attained saturation in terms of new construction, as is also the case in

             other major cities in the State of Maharashtra. It is, therefore, an urgent

             necessity not to formulate a ‘robust policy’ that succumbs to social or other

             extraneous pressures by encouraging encroachment through subsidized

             housing, but instead to adhere strictly to constitutional principles in

             policy-making on such issues. This includes reducing population pressure

             on limited and secure lands and implementing recovery of lands from

             encroachments where slum rehabilitation schemes have not commenced,

             and the land is still occupied by slums as held by the Division Bench as far

             back as in February 2022 in Jilani Building where the Court had already

             ordered a freeze on any redevelopment of slums on government and

             public land.


             (d)    We reiterate that, under the guise of slum rehabilitation, the use of

             public lands solely for residential and commercial development

             contravenes constitutional morality and disregards every principle the

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             Constitution recognizes for managing State resources. The magnitude of

             the issue, where hundred of acres of public land have already been

             removed from the public pool, is not only a clear warning, but a serious

             alarm. Yet for reasons not known to the law, this has been consistently

             overlooked by policy makers. We say so that any rehabilitation to any

             eligible extent can be recognized. However, such mass illegality, and the

             fact that there will be no freeze of the slums of the State, in fact itself, has

             created a chaotic situation, more particularly in respect of international

             cities like Mumbai, and irreparable damage of such nature happening with

             open eyes, nurtured as it is, has contributed to ruin. Cities like Mumbai

             today stand in such a condition. It is already too late; however, effective

             actions, if taken at least within a decade, can improve things, and there can

             be some hope of the dark clouds of planning receiving some ray of

             sunshine. However, this requires political will, it requires executive’s will,

             and it also requires adherence to the rule of law by the citizens. In the

             event of a single mismatch not being attended to, the chaos which

             commenced a decade back on such issues would continue to haunt

             generations to come, converting the city into what only time would tell.

             Thus, viewed from any angle, unless there is substantial will to improve

             the situation through a complete revamp of the policies, there may be little

             scope for the ideals of the eradication of slums to be achieved.


             (e)    Why for decades together there is no redevelopment of slums in

             certain areas? There is an urgent need to identify those areas where, for

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             more than 2 to 3 decades, slum redevelopment has not occurred due to

             the non-feasibility of developing these lands. In such cases, slum dwellers

             would necessarily need to be evacuated and resettled elsewhere. For

             example, all the slums surrounding the “Mumbai Airport” and many hilly

             areas in Mumbai fall into this category.            These slums render an

             international image to Mumbai to be a city of slums although it is

             commercial capital of the country. High-rise construction in the vicinity of

             the airport is restricted due to air traffic control regulations. If this is the

             situation, should the government adopt a selective approach, allowing

             slum dwellers in such areas to continue living in slums for decades

             together, even though these lands are legally prohibited from

             development? This situation results in a disturbing state of affairs in an

             international city like Mumbai. Any international or domestic traveler

             arriving in the city would immediately see acres of land in the vicinity of

             the airport occupied by slums, rather than developed in a planned and safe

             manner. There cannot be selective redevelopment of slums. This has

             failed the object of the Act being achieved.


             (f)       This state of affair demonstrates a complete failure in the

             implementation of the Act, as well as selective enforcement, indicating the

             absence of any clear policy or will to cater/address these areas. In such

             context, a policy is required to recover lands in the vicinity of vital

             installations, such as the airport and other areas, where the development of

             slums is automatically restricted. Action must be taken to relocate such

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             slums, rather than attempting in-situ redevelopment, which is itself

             impermissible, even if it involves large populations that constitute a

             significant vote bank for the constituents. [Refer to Abdul Majid Vakil

             Ahmed Patvekari vs. Slum Rehabilitation Authority & Ors. (supra).] In

             saying this, the observations of Dipankar Datta, J. (as his Lordship’s then

             was) concluding judgment in Jilani need to be remembered which we have

             extracted herein, which read thus:-


                 “113. In Lewis Carroll's classic “Alice in Wonderland”, Alice was so
                 surprised after entering the rabbit hole that she exclaimed “curiouser,
                 curiouser”. Although ‘curiouser’ is no part of English vocabulary, Alice's
                 utter surprise was sought to be highlighted by the author by preferring
                 an unconventional ‘curiouser’ to the grammatically correct ‘more
                 curious’. Alice would have certainly exclaimed “curiouser, curiouser”,
                 had she descended in this wonder city, Mumbai, and noticed the stark
                 urban inequalities resulting from the exceedingly sharp contrast
                 between the wealthy and the poor, the opulent and the frugal. While
                 the affluent enjoy lavish life-styles and show-off their new expensive
                 acquisitions, the whole lot struggling day long for securing their daily
                 share of meal lack proper housing facilities and even the basic of civic
                 amenities. The gap between the “haves” and the “have nots” is so
                 pronounced that no matter whatever welfare measures are thought of
                 by social, political and economic reforms, it may not be possible in the
                 near future to achieve even a token equality. No wonder, as far back as
                 in 1956, a melodious duet of two extremely popular voices of
                 Bollywood cautioned that it was difficult ( mushkil) to live in
                 (erstwhile) Bombay and that one would have to try hard to find a heart
                 (dil) here.

                 114. Erstwhile Bombay, now Mumbai, is home to people coming from
                 across the country in search of livelihood. This migration has not only
                 added to the dense population, making Mumbai the most populous
                 Indian city, it has immensely burdened the housing sector so much so
                 that 41.3% of the population live in slums. Anyone taking an aerial
                 view of Mumbai, also called the city of dreams, would be fascinated by
                 the swanky sky-scrapers but disheartened by the structures at the foot
                 of such sky-scrapers covered mostly by blue tarpaulin covers. These are
                 the densely populated single-storey or double-storied slums
                 accommodating almost half of the population, which co-exist as
                 neighbours with real estate developments of extravagance. Despite
                 these pronounced inequalities, people here seem to have accepted that
                 this is the way life should go on. Mumbai happens to be the financial
                 capital of this great nation and the extent of developments that one can
                 see having taken place in Maharashtra are significant. The annual
                 budget of the Municipal Corporation of Greater Mumbai is more than


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                several mid-sized States of India. It is, therefore, not unreasonable to
                assume that sufficient financial resources are at its disposal, and one
                would have expected the Government and the Corporation, whoever
                was at their helm, to adequately plan development by making
                appropriate budgetary provisions for affordable housing projects for the
                not-so-fortunate working class of people living in slums. Regrettably,
                instead of moving in the direction to have a planned and sustainable
                development, the successive Governments together with the
                Corporation seem to have unabashedly allowed mushrooming of slums
                at the instance of squatters by encouraging them not only to encroach
                more and more of public property but, simultaneously, by enacting laws
                to protect such unauthorized occupation. Enacting laws to further the
                interests of the weaker sections of society is the obligation of every
                State in terms of Part IV of the Constitution, and any move in that
                behalf ought to and must be welcomed. People living in slums do
                equally have a right to decent living conditions, which can be ensured
                by relocating them with proper housing facilities. However, a vicious
                nexus involving high-profile personalities, bureaucrats, builders and
                slum lords has created a situation where public property is first
                encroached without resistance being provided by the law-enforcing
                agency, followed by a declaration of slum, gradually progressing to
                redevelopment by builders ostensibly for slum dwellers but really to
                further the interests of the “haves”. In the garb of legislation, in a novel
                manner, a fraction of the population, including holders of public
                offices, have continued to prosper by achieving their goals through
                impure means, which are nothing short of betrayal of the trust that the
                people of this region have reposed in those responsible for able
                governance. While it was the need of the hour to make housing
                projects a reality more effectively and with empathy, what has been laid
                bare is the apathy and indifference to cater to the needs of the hapless,
                coupled with a complete lack of sensitivity. The reasons are not far to
                seek. Quite contrary to the ideals and values embodied in the
                Constitution, which lay down the basic framework of the social and
                political structure of the country and set out the objectives and goals to
                be pursued by the people in a common endeavour to secure happiness
                and welfare of every member of society, and despite taking oath to
                uphold the laws, actions of those in power and authority are now
                invariably driven by political motivations or other oblique
                considerations. No wonder, the casualty is the compassionate
                Constitution of ours.”



(ii)         The preparation of Annexure-II, which determines the eligibility of slum

dwellers, has been found to be extremely time-consuming, complicated, and

litigious. A robust scheme, to be implemented by specialized officers of the SRA,

needs to be formulated for determining eligibility of the slum dwellers for

inclusion in Annexure-II.              This scheme may use technologies such as GIS,


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biometric systems, or an automated annexure system, and once eligibility is

determined, it must be frozen. In addition, further additions to Annexure-II or

attempts at re-survey needs to be discouraged. The database of eligible slum

dwellers must be published and notified on the official website of the municipal

corporation. Correct data, certified in soft form by the officer who determines

eligibility, with the counter-signature of the appropriate authority, shall always be

maintained.         All supporting documents must also be preserved and made

available, area or project-wise, on the official website. The rationale for this is to

ensure transparency and accountability, the officer who determines eligibility and

the concerned persons must have clear records of how a particular slum dweller

qualifies for free or subsidized accommodation, especially in prime locations. No

other person, forum, court, or state authority should be left unaware of the basis

for eligibility and the benefit conferred. The regime of circulars govering such

issues needs to be replaced by a Statutory Mechanism.


XV           Maintaining of town planning reservations:

(i)          It is essential to free up amenity space by relocating a slum from one plot

to another plot and undertaking a joint/cluster redevelopment of the slums. The

approach should be to ensure that the amount of open or designated reserved

land, to which such a cluster redevelopment scheme would apply, is preserved

and made available. SRA projects should not be implemented at the expense of

open spaces. Thus a policy in this regard on prioritizing public spaces on par

with public projects and providing incentives for clearing and maintaining open

spaces via different methods like amalgamation of slum rehab projects on open

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lands with other slum schemes, has been suggested.


             Conclusion

238.           We are in complete agreement with Mr. Darius Khambata, Mr. Sharan

Jagtiani, Ms. Naira Jeejeebhoy, learned amici and the learned Counsel appearing

for the different stakeholders on the valuable inputs given by them as succinctly

captured in the chart of suggestions as prepared by the learned Amici which shall

form part of the judgment as an “Appendix” as attached to the judgment.


239. In light of the aforesaid observations and the mandate of the Supreme

Court in Yash Developers (supra), on the need to review the working of the Slum

Act to identify the causes of issues highlighted by the Supreme Court in

paragraph 56 of the judgment, we have made the aforesaid endeavour to record

the concerns and the suggestions.


240. In the light of the above discussion, we direct the State Government to

constitute an “Expert Committee” having adequate and appropriate members for

conducting a performance audit of the Act, so as to make the Slum Act more

effective on the issues discussed in this judgment, with the only objective of

enabling the Government to achieve the distant dream of slum-free Mumbai, as

well as other major cities in the State of Maharashtra.


241.         The committee to be appointed by the State Government for reviewing

the performance audit of the Slum Act shall comprise of experts in town

planning, two of whom shall be one representatives of the Municipal Corporation

of Greater Mumbai and one representative from the Pune Municipal

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Corporation, and one representative from the Directorate of Town Planning,

Government of Maharashtra. It shall also include two independent architects

having expertise in building construction and town planning.


242. Further, the committee shall include the Principal Secretary of the Urban

Development Department and an Additional Principal Secretary, as may be

nominated by the Chief Secretary, who possess expertise in such matters. The

committee shall also comprise of two expert public representatives having

specialized knowledge and expertise. Inclusive of such members, the strength of

the Committee be fixed by the State Government in Town Planning.


243. Such committee shall be constituted within a period of four weeks from

today. The State Government shall thereafter consider the recommendations of

the committee shall take a decision as it may find appropriate, in the light of the

report which may be submitted by such Committee. An endeavour be made by

the Committee to make its report within a period of ten months.


             EPILOGUE


244. While parting, we may observe that the present proceedings, as entrusted

to this Bench under the orders of the Supreme Court in Yash Developers (supra)

is one of its kind, ( sui generis), wherein every possible stakeholder has

participated. The platform of the present proceedings was thus available to the

slum dwellers, developers, citizens, NGO’s, associations, statutory authorities,

individuals, charitable institutions etc. This is wholly unprecedented, and was

possible only because of the robust vision of their Lordships of the Supreme

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Court amplifying the concept of audit of a legislation by Constitutional Court,

on the burning issues as reflected in the observations in Yash Developers (supra).

We have tried to reflect on some of the major issues, albeit there are many more

issues as canvassed on behalf of the parties, which we have set out in detail, so

that at any point of time, an easy reference of such issues is available along with

the valuable overall suggestions as made by the learned Amici. Our

observations/reflections, hence, be not taken as something final or conclusive, it

is for the Committee to be appointed to ponder on such issues, which would also

consider the different perspectives as made on behalf of the stakeholders.


245. The problems which are discussed certainly reflect an abysmal progress of

the ideals of town planning expected of an international city like Mumbai, when

large areas are still slums. Any town planning which does not sail with the tide of

time is questionable. The official machinery under the statutory mechanism

despite all the efforts as urged on behalf of the SRA, has failed to eradicate the

slums to fulfill the dream of the year 1971, to convert the city into a slum free

city. The continuous requirements of planning and in that regard, the

expectations and the rights of the citizens, who live in this city, in our opinion,

need to assume     hightest importance. Hence, there is certainly a need for

area/zone wise, systematic and a scientific approach, to be adopted in a phased

manner to do away with the slums in Mumbai. The task is herculean but not

impossible, provided those who exercise authority and power, have committed

determination, a robust and genuine willingness to achieve public good, on this

important area, in the city’s march in the 21 st century. On such conspectus, we

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feel that there is need for the Government to consider having a specialized

Corporation/Body tasked with planning and redevelopment of slums, with all

specialized and scientific machinery to supplement the overburdening of the

Chief Executive Officer and the existing machinery under the Slums Act.

Considering the existing situation, we doubt whether the Slum Act with the

continuous amendments it has seen, can still be considered to be any fulfilling ray

of hope. This more particularly when for the last 55 years, the objective of a ad

hoc enactment like the Slums Act, has lagged far behind, in achieving its objects.

However, it is for the government to decide on such issues. At this juncture, with

the deep sense of belonging to the city of Mumbai, we are reminded of the

following couplet, from a timeless classic, which is most befitting:

                             “ऐ दि ल, है मुश्कि   ल जीना यहाँ
                                 ज़रा हट े , ज़रा बच े
                                 ये है Bombay मेरी जाँ”

Our Gratitude:


246. The present proceedings were argued before us by the learned counsel

appearing for the different stakeholders, demonstratively reflecting the

distinguished standards of the illustrious Bar of this Court. The proceedings were

argued in a most cordial manner, considering it to be a social cause, of immense

public welfare. We have the highest appreciation for the role played by each and

every counsel who has participated in the present proceedings.

247. We express our profound gratitude for the herculean efforts of Dr.

Birendra Saraf, along with Mr. Vaibhav Charlawar and Mr. Jagdish G. Aradwad


                                   Page 263 of 264

P. V. Rane
                                                                     SMWP1_2024.DOC



(Reddy) who represented the Slum Rehabilitation Authority and the State

Government. We also express our deep gratitude to the monumental effort of Mr.

Darius Khambata, Mr. Sharan Jagtiani learned senior advocate along with Ms.

Naira Jeejeebhoy, learned amici. We also appreciate the valuable assistance of

learned senior advocate Ms. Gayatri Singh, Mr. Mihir Desai, Mr. Pravin

Samadani, Dr. Milind Sathe (now learned Advocate General), Mr. Rajiv Kumar,

Mr. Shiroz Rustomjee, senior advocate, Mr. Kirti Munshi and Akash Rebello and

all other learned counsel, who have represented their respective stakeholders their

contribution in regard to the present cause shall always remain invaluable.


248. We accordingly conclude the present Suo Motu proceedings in the

aforesaid terms.



249. In view of disposal of suo motu proceedings, Interim Applications in suo

motu proceedings would also stand disposed of.



250. All other Writ Petitions/proceedings be placed before the Regular Bench.




(ADVAIT M. SETHNA, J.)                                  (G. S. KULKARNI, J.)




                                Page 264 of 264

P. V. Rane
                                                                                 APPENDIX

                                              IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION
                                                                     SUO MOTO WRIT PETITION NO. 1 OF 2024


IN RE: PERFORMANCE OF AUDIT OF THE MAHARASHTRA SLUM AREAS (IMPROVEMENT, CLEARANCE AND REDEVELOPMENT) ACT, 1971.
                                                                                                                                 …Petitioner
                                     Versus THE STATE OF MAHARASHTRA & ORS.
                                                                                                                               …Respondents
  CROSS REFERENCE TO TABLES AND AFFIDAVITS FROM WHICH SUGGESTIONS HAVE BEEN CONSOLIDATED



Sr. No.   Ref. No.             Stakeholder             Ref. in Compilations
                                                           of Affidavits

          Suggestions provided by Stakeholders in Tabular Template

 1.           T-1.   Bright Ability and Awareness      (No affidavit)
                     Foundation
 2.           T-2.   Nagardas Dharsi Bhuta Charities   Sr. No.13, Pg. 491-
                                                       510
 3.           T-3.   Skycon Infrastructure             Sr. No.12, Pg. 479-
                                                       490
 4.           T-4.   NGO Alliance for Governance       Sr. No.18, Pg. 767-
                     and Renewal                       1156
 5.           T-5.   A. H. Wadia Trust                 Sr. No.23, Pg. 1343-
                                                       1358
 6.           T-6.   On behalf of Slum Dwellers         (Consolidated table
                                                        filed on behalf of (i)
                                                            to (xi) below)
 7.          (i)     Hussain Indorewala                Sr. No.2, Pg. 154-200
 8.          (ii)    Simpreet Singh                     Sr. No.1, Pg. 50-153
 9.          (iii)   Shubham Kothari, Jan Haqq         Sr. No.3, Pg. 209-276
                     Sangharsh Samiti
 10.         (iv)    Amita Bhide, School of Habitat     Sr. No.21, Pg. 1243-
                     Studies, TISS                             1298
 11.         (v)     Syed Haider Imam                  (No Affidavit)
 12.         (vi)    Medha Patkar                       Sr. No.25, Pg. 1392-
                                                               1487
 13.        (vii)    Sudhesh Gaikwad, Indira Nagar     Sr. No.4, Pg. 321-349
                     Slum
 14.       (viii)    Hiraman Pagar, Ghar Haqq          Sr. No.5, Pg. 350-364
                     Sangarsh Samiti




                                                                                                                                          Page 265
                                                                                                                                               1
15.       (ix)     Prakash Kumbhar                    Sr. No.6, Pg 365-368
16.       (x)      Shweta Damle, Habitat and          Sr. No.7, Pg 369-379
                   livelihood Welfare association
17.       (xi)     Ranjan Tambe, Ekta CHS             Sr. No.14, 511-604
18.        T-7.    NAREDCO West Foundation            Sr. No.26, Pg. 1488-
                                                      1568
19.        T-8.    CREDAI MCHI                        Sr. No.24, Pg. 1359-
                                                      1391
20.        T-9.    SRA Advocates Bar Association      Sr. No.20, Pg. 1215-
                                                      1242
21.        T-10.   Shree Azad Society                 (No affidavit)

      Suggestions provided by Stakeholders only in Affidavit Format

22.       A-8      Shirish Bhailal Patel              Sr. No. 8, Pg. 380-
                                                      401
23.       A-9      Ajit Hemraj Jobunputra, Alert      Sr. No. 9, Pg. 402-
                   Citizens Trust                     411
24.       A-10     Vidnyay Shyan Daware, SRA          Sr. No. 10, Pg. 412-
                   Zopdirakshak Sena                  438
25.       A-11     RERA practitioners Welfare         Sr. No. 11, Pg. 439-
                   association                        478
26.     A-15 r/w   Nivarahakk Suraksha Samiti         Sr. No. 15, Pg. 605-
         A-27A                                        706;
         A-27B                                        Sr. No. 27A to 27C,
         A-27C                                        Pg. 1567-1705
27.      A-16      Ramesh Makhija                     Sr. No. 16, Pg. 707-
                                                      715
28.       A-17     Vinay Hule                         Sr. No. 17, Pg. 716-
                                                      766

        Filings by Stakeholders in which there are no Suggestions

29.       A-19     Slum Rehabilitation Authority      Sr. No. 19, Pg. 1157-
                                                      1214
30.       A-22     Lakdawala (IA for stay of          Sr. No. 22, Pg. 1299-
                   notification)                      1342




                                                                              Page 266
                                                                              2
                                        IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL
                                                                   JURISDICTION
                                                        SUO MOTO WRIT PETITION NO. 1 OF 2024




IN RE: PERFORMANCE OF AUDIT OF THE MAHARASHTRA SLUM AREAS (IMPROVEMENT,
CLEARANCE AND REDEVELOPMENT) ACT, 1971.
                                                                                                              …Petitioner

                                         Versus
THE STATE OF MAHARASHTRA & ORS.
                                                                                                            …Respondents




                                           SUGGESTIONS ON IDENTIFICATION AND DECLARATION OF LAND AS SLUM




                                                                                                                            Page 267
                                                                                                                            3
Sr.   Specific Issue /         Cause of the        Relevant existing            Proposed Measure /           Whether Proposed           Proposal for Legislative Reference Views and Suggestions of the SRA
No. problem identified          problem                Statutory                     Solution                Measure / Solution                    Reforms
                                                      Section(s),                                           requires amendment
                                                     Regulation(s),                                         of law by Legislature
                                                        Rule(s),
                                                       Circular(s),
                                                  Guideline(s) and / or
                                                      Judgment(s)
1.   Categorisation and    Encroachment           REGULATION                 INCENTIVISE      THE           The proposed measure       Under the provisions of T-4        SRA is considering a cluster redevelopment
     declaration of                               17(3)(D)(A)(2) OF          CLEARING         AND           may be implemented         Regulation 33(10), sub-            approach in which two or more slums present
     public open spaces    on reserved public     THE DEVELOPMENT            MAINTENANCE       OF           by an administrative       para 10 of the DCR 2034,           within a ward / within a distance of 5 kms with
     reserved for          open spaces by slum    CONTROL AND                RESERVED PUBLIC OPEN           notification/ circular     it is permissible for the          the adjoining ward can be redeveloped and
     recreational use as   dwellers and a         PROMOTION                  SPACES:                        under the provisions of    SRA to club two or more            rehabilitated at one place. This would free up
     “slums” under the     failure of the State   REGULATIONS FOR                                           Regulation        33(10)   rehabilitation    projects.        the other plots which have been considered a
     Slum Act              machinery to free up   GREATER MUMBAI,            One way to achieve this is     declaring all reserved     This provision may be              part of the cluster redevelopment. This
                           the public open        2034 (DCR):                to     allow     for     the   public open spaces as      invoked in order to club           approach would enable redevelopment of slums
     Perpetuation of the   spaces                                            amalgamation of slum           vital public projects.     rehabilitation schemes so          which are currently not feasible due to planning
     problem of                                   (i) Any plot/layout        rehabilitation      projects                              as    to     ensure    the         constraints or by virtue of being very small
     overcrowding in                              having area under          contemplated on open                                      preservation of reserved           plots. Such slum plots may become feasible for
     slum areas and                               non-buildable/open         spaces with other slum                                    public open spaces.                redevelopment as a cluster redevelopment with
     failing to remedy                            space reservations         rehabilitation schemes in                                                                    other slums.
     overcrowding in                              admeasuring up to          the same ward (which are
     rehabilitation                               500 sq. m shall be         not on open spaces).                                                                        Due to this approach, slum on reservations &
     premises/areas on                            cleared by shifting the                                                                                                amenity spaces can be planned in better way and
     account of the                               slum-dwellers from         Utilization of FSI from the                                                                 the same may lead to freeing up of amenity
     complete failure to                          that site.                 area of the public open                                                                     spaces due to shifting of slums on another plot.
     maintain adequate,                                                      spaces designation that has                                                                 The SRA is considering the viability of such
     accessible public                            (ii) Where the area of     actually been encroached                                                                    proposed measure. Accordingly legislative
     open spaces                                  site having non-           on may be permitted on                                                                      amendments will be proposed made for cluster
                                                  buildable/ open space      other     proposed    slum                                                                  redevelopment.
                                                  reservation, is more       rehabilitation schemes in
                                                  than 500 sq. m such        the ward/area, whether or
                                                  sites may be allowed       not the same are on a
                                                  to be developed for        contiguous parcel of land.
                                                  slum redevelopment         In lieu of the same, the
                                                  subject to condition       cleared plot would stand
                                                  that the ground area of    surrendered to the MCGM.
                                                  the land so used shall     The provision of such
                                                  not be more than 65%       TDR/FSI would then allow
                                                  of the reservation and     the designated reserved
                                                  leaving 35% rendered       open spaces to be cleared
                                                  clear thereafter for the   and maintained as public
                                                  reservation.               open spaces.

                                                                             TREATING THE
                                                                             CREATION/RESERVATION
                                                                             AND MAINTENANCE OF
                                                                             PUBLIC OPEN SPACES AS



                                                                                                                                                                                                                             Page 268
                                                                                                                                                                                                                             4
Sr.   Specific Issue /          Cause of the         Relevant existing          Proposed Measure /        Whether Proposed        Proposal for Legislative Reference Views and Suggestions of the SRA
No. problem identified           problem                 Statutory                   Solution             Measure / Solution                 Reforms
                                                        Section(s),                                      requires amendment
                                                      Regulation(s),                                     of law by Legislature
                                                          Rule(s),
                                                         Circular(s),
                                                     Guideline(s) and / or
                                                        Judgment(s)
                                                                             VITAL PUBLIC
                                                                             PROJECTS:

                                                                             In the alternative to the
                                                                             foregoing, reserved public
                                                                             open spaces should be
                                                                             treated on par with vital
                                                                             public projects under the
                                                                             Regulation 33(10), sub-para
                                                                             3.11 which provides that
                                                                             slum-dwellers may be
                                                                             accommodated                on
                                                                             unencumbered land (by
                                                                             making       provision     for
                                                                             adequate TDR on such
                                                                             unencumbered land) and not
                                                                             rehabilitated in situ on the
                                                                             original plot. In view of the
                                                                             scarcity of public open
                                                                             spaces in the city of
                                                                             Mumbai, it is imperative
                                                                             that public open spaces be
                                                                             treated with the         same
                                                                             significance as vital public
                                                                             projects.
2.   The remedy of          There are no fixed       Section 4(3) and        There ought to be timelines Yes.        Proposed    A reasonable timeline of T-7      The appeal against declaration of Slum area
     Appeal       against   timelines         for          3(C)(2)           provided       for     speedy Measure / Solution    60 days from the date of          under Section 4 (3) lies before the Slum Tribunal
     declaration of Slum    completion         of                            disposal of the Appeals requires amendment of       filing of the appeal for          and against declaration of Slum rehabilitation
     area      is    time   hearing,           its                           against declaration of an law by Legislature.       final disposal of the appeal      Area under Section 3C lies before the AGRC. If
     consuming              adjudication     and                             area as slum area under                             be fixed for speedy               necessary, authorities give interim orders for
                            disposal of the                                  Section 4(3) / slum area Section        3(C)(2)     disposal of such appeals          stay of impugned orders, this order restrains
                            appeals    preferred                             rehabilitation area under Section 4(3)                                                effect of impugned orders.
                            against declaration                              Section 3(C)(2).
                            of slums under
                            Sections 3C(2) and
                            4(3) of the Slum
                            Act.




                                                                                                                                                                                                                       Page 269
                                                                                                                                                                                                                       5
Sr.   Specific Issue /           Cause of the           Relevant existing       Proposed Measure /         Whether Proposed         Proposal for Legislative Reference Views and Suggestions of the SRA
No. problem identified            problem                   Statutory                Solution              Measure / Solution                  Reforms
                                                            Section(s),                                   requires amendment
                                                          Regulation(s),                                  of law by Legislature
                                                             Rule(s),
                                                             Circular(s),
                                                        Guideline(s) and / or
                                                            Judgment(s)
3.   For slum dwellers,      Following          the    Circular    Number As specified in Section 4, No – it requires                                       T-6         1. Section 3C was introduced as a part of
     the only available      introduction        of                       Chapter II of the Slum Act, implementation of the
                                                       196 dated 27/01/2021,                                                                                               Chapter IA of the Slum Act. The said
     option       to         Chapter I-A (‘slum        making it mandatoryall inhabited areas in the city existing provisions in                                           Chapter was introduced for faster
     improve their living    rehabilitation            for SR land to be  that are inadequate in terms the Slum Act, which is                                              implementation of slum schemes in
     conditions is to        scheme’) in the           declared as slum.  of        health,       safety, currently not enforced                                           Mumbai. Declaring a slum area under
     engage a developer      Slum Act in 1996,                            overcrowding, or basic because the authorities                                                   Section 4 was not serving the purpose of
     for a for-profit        slum areas are only   Circular No. 198 dated amenities, or are unfit for see redevelopment                                                    rehabilitation.
     redevelopment           declared as ‘slum     26/07/2021 for         habitation as per the criteria (that          benefits
     project. Therefore,     rehabilitation areas’              revised   enlisted in sub-section (2), developers) as the only                                          2. On an area being declared as Slum Area
     reliance is placed on   for the purpose of    procedure for          must be declared as ‘Slum option.                                                                under Section 4, Works of Improvement
     developers        for   implementation of     declaration of SRA     Areas’ and improvement                                                                           under Chapter III. The provision of
     rehabilitation     of   the              slum area under Section     works must be undertaken What is needed is a                                                     Works of Improvement will not address
     Slum Dwellers.          rehabilitation        3C(1) of Maharashtra as per the procedure laid out directive by the High                                                the issue of proliferation of slums. It will
                             scheme.           The Slum Areas             under the Act. These Court                to   enforce                                           not result in areas getting free of slums.
                             practice of declaring (Improvement,          improvement works must be Section 4 of the Slum
                             a ‘slum area’ (under  Clearance And          undertaken by the relevant Act                     and                                        3. The tests under Section 4 are more
                             Section 4 of the Act) Redevelopment) Act,    authorities for all such implementation              of                                          stringent than under Section 3C.
                             in order to carry out 1971.                  declared      ‘slum      areas’ improvement works as
                             municipal                                    irrespective of whether such per section 5-A in a                                             4. Chapter III does not contemplate
                             improvement works     Chapter II and III of  areas may or may not be a time bound manner.                                                     redevelopment. Carrying out only Works
                             (Section 5-A) has     the Slum Act, 1971.    part of a slum rehabilitation                                                                    of Improvement will be a short – term
                             ceased after the                             scheme. Declared ‘slum For a land to be                                                          measure;
                             SRA was formed.                              areas’ must be considered declared as Slum, a
                             This is despite the                          and reserved exclusively for survey of the slum
                             fact that the law still                      the purpose of low- income dwellers i.e. Details of
                             permits it.                                  housing. There are a number slum dwellers must be
                                                                          of pockets which are not updated and uploaded
                             This is done in order                        seen as viable for various on website.
                             to incentivize the                           reasons for redevelopment.
                             developer leading to                         It is important under these
                             a situation where                            provisions to at least
                             settlements      that                        improve them.
                             were earlier not
                             unfit                                        Slum Improvement under
                             for           human                          Chapter III for all sum areas.
                             habitation      have
                             continued to remain                          Self- redevelopment can be
                             inhabitable                                  undertaken in situations
                             settlements.                                 where the developer has
                                                                          failed to carry out the
                                                                          development             process
                                                                          effectively.




                                                                                                                                                                                                                          Page 270
                                                                                                                                                                                                                          6
Sr.   Specific Issue /        Cause of the         Relevant existing           Proposed Measure /           Whether Proposed       Proposal for Legislative Reference Views and Suggestions of the SRA
No. problem identified         problem                Statutory                     Solution                Measure / Solution                Reforms
                                                      Section(s),                                          requires amendment
                                                    Regulation(s),                                         of law by Legislature
                                                       Rule(s),
                                                       Circular(s),
                                                  Guideline(s) and / or
                                                      Judgment(s)
4.   Non-inclusion   of   Central Government      Chapter I, Section 3Z-   Slums on Central Govt.          The slums on central                            T-6       1.   As per clause (g) of section 3Z-6 of the
     slums on Central     owned lands have        6 is applicable only     lands are also covered under    government land to be                                          Slum Act, Chapter I-C of the Slum Act
     Government           large number of                          for     the Slum Act but are            protected and slum                                             does not apply to lands belonging to the
     owned lands for      slums on it for many    Rehabilitation           excluded under Chapter I-A      dwellers       to  be                                          Central Government or any entity thereof
     rehabilitation.      years but remain        Schemes.                 (Slum          Rehabilitation   rehabilitated as                                               unless the same is voluntarily offered for
                          unprotected       and                            Scheme) and hence must be       recommended        by                                          the housing scheme. Chapter I-C of the
                          face        arbitrary                            protected from eviction and     Afzalpurkar                                                    Slum Act features provisions on
                          evictions.                                       provided protection under       Committee Report.                                              constituting a housing committee (S. 3Z-
                                                                           the Act.                                                                                       4), development permission in respect of a
                                                                                                                                                                          housing scheme (S. 3Z-5), etc. There is no
                          Slums     are    not                                                                                                                            bar on declaring lands owned by the
                          surveyed. All slums                                                                                                                             Central Government as a slum area under
                          to be surveyed and                                                                                                                              section 4.
                          mapped
                          including the ones                                                                                                                         2.   A land belonging to the Central
                          in Navi Mumbai.                                                                                                                                 Government can be declared as a slum
                                                                                                                                                                          rehabilitation area under Section 3C of the
                                                                                                                                                                          Slum Act provided all the requirements
                                                                                                                                                                          under Section 3C are met. Additionally, as
                                                                                                                                                                          per Regulation 33(10) 1.11 read with the
                                                                                                                                                                          proviso to the said regulation, of the
                                                                                                                                                                          Mumbai Development Control Promotion
                                                                                                                                                                          Regulations, 2034 (“DCPR”), proposals
                                                                                                                                                                          for slum rehabilitation schemes on land
                                                                                                                                                                          owned by the Central Government shall
                                                                                                                                                                          not be accepted unless a no objection
                                                                                                                                                                          certificate for the scheme is obtained from
                                                                                                                                                                          Central Government.

                                                                                                                                                                     3.   Therefore, the enabling provisions for
                                                                                                                                                                          declaring a slum rehabilitation area or a
                                                                                                                                                                          slum area on land owned by the Central
                                                                                                                                                                          Government do exist.




                                                                                                                                                                                                                        Page 271
                                                                                                                                                                                                                        7
Sr.   Specific Issue /       Cause of the  Relevant existing        Proposed Measure /         Whether Proposed         Proposal for Legislative Reference Views and Suggestions of the SRA
No. problem identified        problem         Statutory                    Solution            Measure / Solution                  Reforms
                                              Section(s),                                     requires amendment
                                            Regulation(s),                                    of law by Legislature
                                               Rule(s),
                                               Circular(s),
                                          Guideline(s) and / or
                                              Judgment(s)
5.   While declaring any NOC are issued SRA Circular No. Wide Publicity through Already Provision Are                  Strictly implementation of T-1       1. Submissions for declaration of slum
     area as a slum the without following 144A &144 B           Media Inviting Objection Present In Current            Circular 144A & 144B                    rehabilitation areas are dealt with under
     Ownership of the due process                               and Reasonable Time for Legislation.                                                           Circular 198. At the time of submission
     land is not verified                                       hearing should be given is                             Disciplinary                            of proposal for declaration of slum
     properly.                                                  not implemented                                                            actio               rehabilitation areas, the DDLR, SRA
                                                                                             Yes! As there is          n     provision   should                refers to the record of rights to identify
                                                                NOC of land owner and absence             of     any   inculcated    and    also               the owner. The entry in the record of
                                                                affidavit for genuineness of Provision for             penalty as present for                  rights is relied on to issue notices to
                                                                the NOC should field.        disciplinary     action   Example in RTI Act.                     owners. Instead of seeking an NOC, the
                                                                                             against the officer not                                           SRA is hearing objections from the land
                                                                Topographical        Survey following the law                                                  owner regarding declarations under
                                                                Should be carried using GIS amendment is                                                       Section 3C. Declaration of any land as a
                                                                technology out and made required.                                                              slum rehabilitation area is not contingent
                                                                mandatory compulsory.                                                                          on ownership rights but based on certain
                                                                                                                                                               criteria.
                                                                   Disciplinary action should
                                                                   be initiated against the                                                                 2. Declaration under Section 3C and
                                                                   officer not following the law                                                               Circular 144A and 144B operate in
                                                                   & procedure.                                                                                different fields. It pertains to manner of
                                                                                                                                                               submission of schemes. Section 3C
                                                                                                                                                               pertains to the declaration of Slum
                                                                                                                                                               Rehabilitation Areas. The record of
                                                                                                                                                               rights is relied on even at this stage.

                                                                                                                                                            3. Circular Nos. 144A and B pertain to the
                                                                                                                                                               manner of submission of schemes by the
                                                                                                                                                               owners. The former has no bearing on the
                                                                                                                                                               latter.

                                                                                                                                                            4. The State Government already publishes
                                                                                                                                                               the Section 3C and 4 notification in the
                                                                                                                                                               newspaper.

                                                                                                                                                            5. A Topographical survey at the time of
                                                                                                                                                               declaration of lands under Section 3C
                                                                                                                                                               and Section 4 serves no purpose. A drove
                                                                                                                                                               survey is being carried out and the same
                                                                                                                                                               is effective.

                                                                                                                                                            6. All the officers appointed in the SRA are
                                                                                                                                                               government officers for the purposes of
                                                                                                                                                               the    Maharashtra      Civil     Services
                                                                                                                                                               (Discipline and Appeal) Rules, 1979
                                                                                                                                                               which govern the process for disciplinary



                                                                                                                                                                                                            Page 272
                                                                                                                                                                                                            8
Sr.   Specific Issue /      Cause of the     Relevant existing          Proposed Measure /         Whether Proposed       Proposal for Legislative Reference Views and Suggestions of the SRA
No. problem identified       problem             Statutory                   Solution              Measure / Solution                Reforms
                                                Section(s),                                       requires amendment
                                              Regulation(s),                                      of law by Legislature
                                                  Rule(s),
                                                 Circular(s),
                                             Guideline(s) and / or
                                                Judgment(s)
                                                                                                                                                                  proceedings and penalties.




6.   Survey of slum      While carrying out No SOP or circular       Videography should be Yes requires inculcate Absence of provision in T-1               1.   As part of the biometric survey under
     structures          the survey of the                           carried while surveying the provision regarding current legislation.                        Circular 214, the SRA is already
                         slum and also while                         slum structure and also the same.                                                           videographing each slum structure in each
                         demolition      the                         while demolition the slum                                                                   scheme/ slum cluster.
                         structure accurate                          structure.
                         videography is not                                                                                                                 2.   The SRA will mandate videography for all
                         done.                                       Disciplinary action should                                                                  demolitions carried out by the SRA.
                                                                     be initiated against the
                                                                     officer not following the                                                              3.   On disciplinary action against errant
                                                                     law.                                                                                        officers, please refer to the response in
                                                                                                                                                                 point 5 above.

                                                                                                                                                            4.   Survey of slum structures becomes
                                                                                                                                                                 necessary for identification of hutments
                                                                                                                                                                 and eligibility of slum dwellers.




                                                                                                                                                                                                             Page 273
                                                                                                                                                                                                             9
Sr.   Specific Issue /          Cause of the    Relevant existing         Proposed Measure /         Whether Proposed            Proposal for Legislative Reference Views and Suggestions of the SRA
No. problem identified           problem            Statutory                    Solution            Measure / Solution                     Reforms
                                                    Section(s),                                     requires amendment
                                                 Regulation(s),                                     of law by Legislature
                                                     Rule(s),
                                                     Circular(s),
                                                Guideline(s) and / or
                                                    Judgment(s)
7.   As per Section 3B     There     is     no Section 3B read with The Statute should be Yes                                   There should be an T-2               Under the Slum Act, there is no embargo for the
     read with Section     provision in the 3C of the Slums Act       modified to the extent that a                             amendment to enable a                owner to approach the CEO to declare their land
     3C of the said Act, a statute    for     a                       separate provision should be                              landowner whose land has             as a Slum Rehabilitation Area. Additionally,
     land can be declared landowner to have a                         set out alongwith necessary                               been      encroached    to           Circular 198 dated 26th April, 2021 issued by the
     as a Slum             land declared as                           procedures and timelines to                               approach the SRA with an             SRA expressly provides that landowners and a
     Rehabilitation Area, Slum at his instance.                       enable a landowner to file an                             application to declare his           cooperative society of slum dwellers can apply
     only upon the CEO                                                application/representation                                land as a slum under the             to have land declared as a Slum Rehabilitation
     being satisfied that                                             before the SRA and/or the                                 said Act.                            Area.
     there exists                                                     CEO to declare his land as a
     circumstances for a                                              Slum Rehabilitation Area                                  This amendment should
     land to be declared                                                                                                        include the landowner’s
     as a slum.                                                                                                                 first right to develop the
                                                                                                                                land and to rehabilitate the
     Accordingly, there                                                                                                         occupants of the land who
     is onus on the CEO                                                                                                         would satisfy the criteria
     to declare a land as                                                                                                       of Annexure – II.
     a      Slum
     Rehabilitation Area.




8.   Whilst          the     A period of 6 to 12 Section 3C of the Section 3C requires an           No. A directive can be                                     T-2   1. The CEO – SRA shall issue directions to
     legislation provides    months lapse to Slums Act             amendment, which would           issued by the way of a                                              carry out declarations expeditiously i.e. span
     for a time limit        have a land declared                  direct compliance of time        circular calling upon                                               of 6 to 12 months. The said time is required
     within which a land     as a Slum.                            period. Experience has           the     authorities    to                                           as the process of declaration involves survey
     has to be declared as                                         shown us that the period of      complete the process of                                             of lands, notice to owners, publication of
     Slum                    Despite         slum                  30 days and 45 days is not       declaration of slum in                                              notice etc. Consent of slum dwellers in not
     Rehabilitation Area,    tenements      being                  realistic. Generally, it takes   timely manner and                                                   relevant under Section 3C. Proposal of third
     but in reality, the     evidently present on                  almost a year for declaring      further,      restricting                                           – party developers at this stage does not
     time taken to           such a land in                        an area as a slum area under     hearing of parties to                                               arise.
     declare a land as a     inhabitable                           section 3C. It is proposed       only landowners in
     Slum Rehabilitation     circumstances,                        that there should be an          case where a landowner                                           2. In the interest of fairness, a public notice
     Area is significantly   various parties with                  amendment of the notice          has filed an application                                            with the intention to declare a slum
     delayed.                an intent to act in a                 period and opportunity to be     for declaration of his                                              rehabilitation area is also pasted on the site,
                             manner detrimental                    heard within 45 days so that     own land as a Slum                                                  published on the SRA website and in
                             to the rights of the                  the authorities give adequate    Rehabilitation Area                                                 newspapers. Pursuant to this, a hearing
                             landowner raise                       opportunity to stake holders                                                                         opportunity is afforded to owners and all
                             frivolous objections                  concerned.      The      stake                                                                       persons who have filed suggestions and
                             like title disputes,                  holders should be at this                                                                            objections to the draft notification under
                             proposals of third                    stage only the owners of the                                                                         Section 3C.
                             party    developers,                  land as that would ensure
                             consent of slum                       declaration of a land as slum
                             developers to cause                   within a reasonable time.



                                                                                                                                                                                                                          Page 274
                                                                                                                                                                                                                          10
Sr.   Specific Issue /       Cause of the       Relevant existing             Proposed Measure /          Whether Proposed       Proposal for Legislative Reference Views and Suggestions of the SRA
No. problem identified        problem               Statutory                      Solution               Measure / Solution                Reforms
                                                   Section(s),                                           requires amendment
                                                 Regulation(s),                                          of law by Legislature
                                                     Rule(s),
                                                    Circular(s),
                                                Guideline(s) and / or
                                                   Judgment(s)
                         delay declaring a
                         land    as     Slum
                         Rehabilitation Area.




9.   Loss of valuable    In the name of         (a)     Under              All new Slum Rehabilitation                                                   T-9      1. The suggestion made requires legislative
     MCGM land and       encroachment and       MMC Act, 1888,             Scheme on MCGM Land                                                                       amendments and the same is in the realm of
     MHADA land, in      then rehabilitation    tender is required to be   and MHADA Land, should                                                                    policy.
     the name of S. R.   of slum dwellers,      invited for contracts      be undertaken by respective
     Scheme.             MCGM Land and          involving expenditure      Landowning Authority.                                                                  2. The consent of MHADA and MCGM for
                         MHADA Land, are        exceeding Rs. 3 Lakhs                                                                                                implementation of Slum Scheme is
                         given to private       [as provided u/sec. 72                                                                                               contemplated under Regulation 33 (10) (2.8)
                         Developer, for their   of BMC Act, 1888].                                                                                                   of DCPR 2034.
                         commercial
                         exploitation,     by   Further,      disposal                                                                                            3. Regulation 33 (10) (1.11) of the DCPR
                         paying a negligible          of    municipal                                                                                                contemplates payment of premium and also
                         amount to MCGM         property for slum                                                                                                    lease rent.
                         and MHADA              scheme is governed by
                         respectively, as the   sec. 92(ddd) of the                                                                                               4. In recent times, steps have been taken by
                         case may be. Thus,     MMC Act, 1888.                                                                                                       MHADA and MCGM to redevelop lands
                         valuable land of                                                                                                                            owned by such authorities by entering into a
                         MCGM             and   Moreover,    Chapter                                                                                                 joint venture arrangement with the SRA.
                         MHADA            are   XII-A of the MMC
                         disposed of forever,   Act, 1888 provides
                         without        much          for
                         coming into the        ‘Improvement
                         pocket of MCGM         Scheme’,    wherein,



                                                                                                                                                                                                                    Page 275
                                                                                                                                                                                                                    11
Sr.   Specific Issue /       Cause of the          Relevant existing         Proposed Measure /    Whether Proposed       Proposal for Legislative Reference Views and Suggestions of the SRA
No. problem identified        problem                 Statutory                   Solution         Measure / Solution                Reforms
                                                      Section(s),                                 requires amendment
                                                    Regulation(s),                                of law by Legislature
                                                       Rule(s),
                                                       Circular(s),
                                                  Guideline(s) and / or
                                                      Judgment(s)
                         and MHADA.              Commissioner          is
                                                 empowered          to
                         Here it is important    approve
                         to note that disposal   ‘Improvement
                         of Corporation Land     Scheme’,      which
                         is governed by The      includes construction
                         Mumbai Municipal        of Building for the
                         Corporation      Act,   accommodation of
                         1888     [in    short   poorer classes.
                         ‘MMC Act, 1888’],
                                        simil    Likewise,
                         arly, MHADA Land        Corporation
                         is governed by          possesses         the
                         Maharashtra             constitutional mandate
                         Housing and Area        for ‘Slum
                         Development Act,        Improvement’ as
                         1976     [in    short   provide           under
                         ‘MHADA Act’].           Article 243-W r/w
                         However,        while   entry 10 of XII
                         disposal           of   Schedule of the
                         MHADA Land and          Constitution of India,
                         MCGM Land, in the       1950.
                         name of S. R.
                         Scheme,           the   (b)     Under
                         statutory provisions    MHADA Act, for
                         are being blatantly     ‘Slum
                         violated, thereby,      Improvement’,        ‘the
                         causing         huge    Mumbai            Slum
                         financial loss to       Improvement
                         MHADA            and    Board’              is
                         MCGM, not only in       constituted           [as
                         terms of loss of        provided          u/sec.
                         valuable land, but      18(1)(c)     of       the
                         also in terms of        MHADA Act], to
                         profit that could       undertake        and
                         have been made          execute         such
                         from said land.         improvement works as
                                                 it considers necessary
                         It is also important    in       any       slum
                         to     note     that,   improvement areas [as
                         MHADA has a             provided u/sec. 108
                         primary objective to    r/w sec. 104 of the
                         provide                 MHADA Act].
                         ‘AFFORDABLE             Section      64        of



                                                                                                                                                                                                Page 276
                                                                                                                                                                                                12
Sr.   Specific Issue /       Cause of the       Relevant existing       Proposed Measure /    Whether Proposed       Proposal for Legislative Reference Views and Suggestions of the SRA
No. problem identified        problem               Statutory                Solution         Measure / Solution                Reforms
                                                   Section(s),                               requires amendment
                                                  Regulation(s),                             of law by Legislature
                                                     Rule(s),
                                                    Circular(s),
                                                Guideline(s) and / or
                                                   Judgment(s)
                         LOW            COST MHADA Act, deals
                         HOUSING’ and at with power to dispose
                         the    same      time of MHADA Land.
                         MHADA has all the
                         expertise to develop
                         its land and then
                         allot    the     flats
                         through       lottery,
                         which the MHADA
                         has              been
                         successfully
                         undertaking
                         throughout
                         Maharashtra. But
                         here in the name of
                         implementation of
                         the S. R. Scheme,
                         MHADA is losing
                         its valuable land,
                         contrary     to    its
                         objective and in
                         blatant violation of
                         provisions      under
                         MHADA Act.

                         Similarly MCGM,
                         who                  is
                         implementing vital
                         infrastructure
                         project,       require
                         large number of
                         Rehab Flats, for
                         rehabilitation      of
                         displaced
                                           ‘Pro
                         ject         Affected
                         Persons’ [in short
                         PAP’s] in such
                         infrastructure
                         project.
                         Therefore,           by
                         undertaking
                         redevelopment
                         project, by MCGM



                                                                                                                                                                                           Page 277
                                                                                                                                                                                           13
Sr.   Specific Issue /       Cause of the         Relevant existing       Proposed Measure /    Whether Proposed       Proposal for Legislative Reference Views and Suggestions of the SRA
No. problem identified        problem                 Statutory                Solution         Measure / Solution                Reforms
                                                     Section(s),                               requires amendment
                                                   Regulation(s),                              of law by Legislature
                                                       Rule(s),
                                                      Circular(s),
                                                  Guideline(s) and / or
                                                     Judgment(s)
                         itself on MCGM
                         land,             said
                         requirement         of
                         Rehab Flats can be
                         fulfilled. Needless,
                         to mention that,
                         MCGM also has all
                         the expertise to
                         undertake
                         redevelopment on
                         MCGM Land.
                         In     this    regard,
                         Maharashtra
                         Industrial        and
                                     Develop
                         ment Corporation
                         Act, 1961 [In short
                         ‘MIDC Act’], is a
                         classic      example,
                         where MIDC itself
                         undertakes
                                             S
                         lum Scheme on its
                         land,         thereby
                         preventing misuse
                         of its land.




                                                                                                                                                                                             Page 278
                                                                                                                                                                                             14
Sr.   Specific Issue /           Cause of the          Relevant existing             Proposed Measure /           Whether Proposed       Proposal for Legislative Reference Views and Suggestions of the SRA
No. problem identified            problem                   Statutory                     Solution                Measure / Solution                Reforms
                                                            Section(s),                                          requires amendment
                                                        Regulation(s),                                           of law by Legislature
                                                             Rule(s),
                                                             Circular(s),
                                                      Guideline(s) and / or
                                                           Judgment(s)
10.   Identification   & Slum declaration is         RERA Act, 2016               1. Complete survey of                                                          A-11        1. The SRA is already carrying out a
      Declaration of land done at the instance       has been enacted to          slums through the use of the                                                                  biometric survey along with drone
      as a slum           of the developer. If       bring                        latest     technology   viz.                                                                  survey of slum areas.
                          the developer is not       standardisation,             satellites, drones, gee-
                          appointed,          the    accountability,              tagging etc and independent                                                                2. There are criteria for declaration of areas
                          declaration           is   professionalism, and         professionals based on                                                                        as slum areas / slum rehabilitation areas.
                          mostly not done            transparency in the          defined parameters within a
                          automatically after        real        estate sector.   cut-off date.                                                                              3. Automatically updating the SRA as
                          1977.                                 It is a                                                                                                         owner of the land without following due
                          The      developer         complete          code.      2. SRA Authority will                                                                         process of law would infringe on the
                          is appointed by the        Section-88 makes             identify slum plots based on                                                                  constitutional right of owners.
                          slum         dwellers'     the RERA Act                 scientific criteria
                          Society         whose      overriding        effect                                                                                                4. The owner cannot be provided merely
                          formation is               over all prior laws.         3. The land ownership, area                                                                   monetary compensation for their land. If
                          again influenced           Still,        multiple       and         boundary-related                                                                  they are willing to rehabilitate slum
                          by       local             regulators regulate          records and revenue records                                                                   dwellers on their land, they must have
                          politicians and            the real estate sector       will     be    automatically                                                                  that    option    of    carrying    out
                          developers. As a           including SRA for            updated as per the slum                                                                       redevelopment.
                          result, it is in odd-      slum schemes. A              declaration of a slum plot
                          even shapes. The           large no. of projects        identified above. It will                                                                  5. Slum declaration is independent of the
                          non-consenting             got stalled. RERA Act        automatically change the                                                                      ownership rights of people.
                          portion is separated       already has effective        ownership and transfer it to
                          and                        provisions u/s 6 for an      SRA by operation of law.                                                                   6. The SRA will list declared slum
                          after          getting     extension if the project                                                                                                   rehabilitation areas and slum areas on its
                          appointed,          the    remains      incomplete      4. Pvt ownership plots will                                                                   website.
                          Developer may or           after the expiry of the      be entitled only to monetary
                          may not add the            validity       of      the   compensation       as    per                                                               7. All present policies and circulars will be
                          excluded portion.          registration,                predefined norms after                                                                        considered while updating the website.
                          All such things gave       revocation           of      following the acquisition
                          reason      to     use     registration u/s 7,          process in a time bound                                                                    8. Certain suggestions made require
                          discretionary              completion of an             manner.                                                                                       legislative amendments and they may be
                          powers by officials        incomplete         project                                                                                                 challenged in Courts.
                          and ministers. This        whose registration is        5. Disputes if any shall not
                          in turn gives rise to a    lapsed or revoked u/s        affect the slum declaration.
                          multifold increase in      8.
                          Corruption.                                             6. Slum plots so identified
                                                                                  will be listed on the
                                                                                  dedicated Website of the
                                                                                  Government.

                                                                                  7. The website shall be
                                                                                  prepared after studying
                                                                                  existing      procedures,
                                                                                  schemes, various relevant



                                                                                                                                                                                                                              Page 279
                                                                                                                                                                                                                              15
Sr.   Specific Issue /          Cause of the       Relevant existing           Proposed Measure /            Whether Proposed       Proposal for Legislative Reference Views and Suggestions of the SRA
No. problem identified           problem               Statutory                    Solution                 Measure / Solution                Reforms
                                                      Section(s),                                           requires amendment
                                                    Regulation(s),                                          of law by Legislature
                                                        Rule(s),
                                                       Circular(s),
                                                   Guideline(s) and / or
                                                      Judgment(s)
                                                                           laws,      eligibility-related
                                                                           rules and criteria based on
                                                                           actual practicalities and
                                                                           judicial Precedents.




11.   Delegation    of      The delegation of                              Transfer the power of slum                                                       A-16      Declaration of a slum area / slum rehabilitation
      Legislative           legislative                                    declaration             from                                                               area is not a legislative function. Areas are
      function              functions, such as                             administrative authorities to                                                              declared as slum area / SRA by the CEO – SRA
                            slum declaration, to                           a competent, specialized                                                                   which is a specialized body dealing with slum
                            administrative                                 authority                                                                                  rehabilitation schemes. Any such decision is
                            authorities     has                                                                                                                       open to appeal and legal recourse.
                            resulted     in   an
                            erosion     of   the
                            distinction between
                            legislative     and
                            administrative
                            functions
12.   Integration    with                                                  Slum declaration should be                                                       A-16      Encroachments/ slums are earmarked under
      DCPR 2034                                                            intrinsically linked with the                                                              existing land use while preparing the
                                                                           Development          Control                                                               Development Plan.
                                                                           Regulations

                                                                           This integration would
                                                                           ensure      that     slum
                                                                           encroachments are properly
                                                                           evidenced in Development
                                                                           Plans, thereby potentially



                                                                                                                                                                                                                         Page 280
                                                                                                                                                                                                                         16
Sr.   Specific Issue /           Cause of the          Relevant existing           Proposed Measure /            Whether Proposed       Proposal for Legislative Reference Views and Suggestions of the SRA
No. problem identified            problem                  Statutory                    Solution                 Measure / Solution                Reforms
                                                          Section(s),                                           requires amendment
                                                        Regulation(s),                                          of law by Legislature
                                                            Rule(s),
                                                           Circular(s),
                                                       Guideline(s) and / or
                                                          Judgment(s)
                                                                               mitigating related litigation.




13.   Notification process                                                     For slum declarations, every                                                     A-16     1. The Competent Authority declares any area
                                                                               entity (when not a slum                                                                      as a slum area under Section 4(1) through a
                                                                               dweller) should be duly                                                                      notification in the official gazette.
                                                                               notified, including both                                                                     Additionally, the order is also published in
                                                                               occupiers and owners.                                                                        one local newspaper.

                                                                               In instances where the                                                                    2. The CEO also declares any area as a Slum
                                                                               owner is not occupying the                                                                   Rehabilitation Area through a notification in
                                                                               land, notice should be                                                                       the official gazette. As per Circular 198
                                                                               served through                                                                               dated 26.04.2021, a public notice with the
                                                                               alternative modes such as                                                                    intention to declare a slum rehab area is
                                                                               newspaper publications.                                                                      pasted on site, published on the SRA website
                                                                                                                                                                            and in newspapers.

14.   Conflicting            There             exist                           Establish a unified system                                                       A-16     1. There is a distinction between the charges
      Authority Actions      instances where one                               or improved coordination                                                                     collected by the BMC on authorized
                             planning authority                                between             planning                                                                 structures and unauthorized structures. The
                             provides       factory                            authorities to prevent such                                                                  BMC has the mandate to provide basic civic
                             licenses,         shop                            contradictory actions.                                                                       amenities such as roads, sanitation, drinking
                             establishment                                                                                                                                  water, irrespective of the legality of the
                             licenses,          and                                                                                                                         structure.
                             collects      property
                             and water taxes,                                                                                                                            2. Grant of factory license, collection of taxes
                             while          another                                                                                                                         by authorities does not confer any right on
                                              auth                                                                                                                          any slum dweller whose eligibility is
                             ority declares the                                                                                                                             considered in accordance with law.
                             same property as a
                             slum      for     non-
                             participation        in
                             biometrics.




                                                                                                                                                                                                                            Page 281
                                                                                                                                                                                                                            17
Sr.   Specific Issue /          Cause of the        Relevant existing          Proposed Measure /           Whether Proposed       Proposal for Legislative Reference Views and Suggestions of the SRA
No. problem identified           problem                Statutory                   Solution                Measure / Solution                Reforms
                                                       Section(s),                                         requires amendment
                                                     Regulation(s),                                        of law by Legislature
                                                         Rule(s),
                                                        Circular(s),
                                                    Guideline(s) and / or
                                                       Judgment(s)
15.   Confusion in the      DCR 33(10) and the                              The Slum Act should be                                                         A-17      There are three types of slums:
      Act/ DCR with         Slum Act provide                                rationalised where all the                                                               (i) censused slums as defined in 2(1)(b) of the
      respect to differed   for 3 different kinds                           different kinds of slums and                                                             Slum Act;
      types of slums        of slums. There are                             the legal regime applicable                                                              (ii) notified slums under Section 4 of the Slum
                            also            Slum                            to the same are clearly set                                                              Act; and
                            Declarations under                              out. Currently, while the                                                                (iii) slum rehabilitation areas under Section 3C
                            Section 4 of the                                Slum Act only prevents                                                                   of the Slum Act.
                            Slum Act                                        demolition of “protected
                                                                            structures”      by     the                                                              The rehabilitation of all the above three types
                                                                            occupant, it is the DC                                                                   of slums is carried out in accordance with
                                                                            Regulations that set out                                                                 33(10) of the DCPR 2034.
                                                                            how rehabilitation should
                                                                            be done.




                                                                                                                                                                                                                        Page 282
                                                                                                                                                                                                                        18
                                            IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL
                                                                       JURISDICTION
                                                            SUO MOTO WRIT PETITION NO. 1 OF 2024




    IN RE: PERFORMANCE OF AUDIT OF THE MAHARASHTRA SLUM AREAS (IMPROVEMENT,
    CLEARANCE AND REDEVELOPMENT) ACT, 1971.
                                                                                                                  …Petitioner

                                             Versus
    THE STATE OF MAHARASHTRA & ORS.
                                                                                                                …Respondents




                                                      SUGGESTIONS FOR IDENTIFICATION OF SLUM DWELLERS


.




                                                                                                                                Page 283
                                                                                                                                19
Sr.   Specific Issue /    Cause of the problem        Relevant     existing Proposed Measure / Solution       Whether      Proposed Proposal for   Reference   Views and Suggestions of the SRA
No.   problem                                         Statutory Section(s),                                   Measure / Solution Legislative
      identified                                      Regulation(s),                                          requires amendment Reforms
                                                      Rule(s), Circular(s),                                   of law by Legislature
                                                      Guideline(s) and / or
                                                      Judgment(s)
1.    Everchanging        The cut off for giving      16.05.2018;           Purchase      of      permanent                                        T-7         1.   The cut – off date has been fixed as
      number              status of protected         Notification          accommodation to the slum                                                               1.1.2000 and has not been extended
                          occupier for a dwelling                    dat    dwellers. It is imperative to                                                           thereafter. The cut – off date for free of
      of                  structure who will          ed 07.09.2018         make it clear under the Slum                                                            cost tenement is fixed as 1.1.2000.
      eligible    slum    eventually be eligible      Issued by Government Act that the cut-off date cannot                                                         Between 2000 to 2011 are offered the
      dwellers due to     for        rehabilitation   of Maharashtra        be extended merely by way of                                                            alternate accommodation on payment of
      the changes in                             w                          an                                                                                      cost.
      cut off dates for   as initially 1985 and                             issuance             of
      eligibility    of   was        subsequently                           a circular/notification.                                                           2.   There has been no extension of date
      slum dwellers       revised to 01.01.1995                                                                                                                     after 2011. Such occupiers between
                          and     thereafter     to                                                                                                                 2000 to 2011, if the potential of the
                          01.01.2000           and                                                                                                                  existing scheme does not have scope for
                          recently to 01.01.2011                                                                                                                    their rehabilitation There has not been
                          by       the        State                                                                                                                 any extension of date beyond 2011.
                          government under the
                          sub-regulation       VIII
                          (3.12)       (C)       of
                          Regulation 33(10) of
                          DCPR 2034.


                          Pursuant to the above,
                          the Government of
                          Maharashtra has vide
                          its          notification
                                               dat
                          ed 16.05.2018 declared
                          that slum dwellers
                          existing in respect of a
                          structure on or before
                          01.01.2011 may be
                          given      rehabilitation
                          tenement subject to
                          recovery of cost of
                          construction for such
                          tenement, from the
                          slum dweller. The cost
                          of construction is to
                          determined
                                               vid
                          e
                          notification



                                                                                                                                                                                                                 Page 284
                                                                                                                                                                                                                 20
Sr.   Specific Issue /   Cause of the problem         Relevant     existing Proposed Measure / Solution   Whether      Proposed Proposal for   Reference   Views and Suggestions of the SRA
No.   problem                                         Statutory Section(s),                               Measure / Solution Legislative
      identified                                      Regulation(s),                                      requires amendment Reforms
                                                      Rule(s), Circular(s),                               of law by Legislature
                                                      Guideline(s) and / or
                                                      Judgment(s)
                                          dat
                         ed 07.09.2018 issued
                         by Government of
                         Maharashtra.


                         This extension of the
                         cut- off date has resulted
                         in rampant increase in
                         encroachment           and
                         various slum dwellers
                         initiating various legal
                         proceedings         before
                         SRA/competent
                         authorities for
                         proving their eligibility.
                         This has resulted in a
                         massive      influx     of
                         eligibility cases before
                         the            competent
                         authorities.          This
                         constant change in cut-
                         off date and change in
                         eligibility causes delay
                         in completion of the
                         slum
                         projects and makes
                         planning difficult.




                                                                                                                                                                                              Page 285
                                                                                                                                                                                              21
Sr.   Specific Issue /   Cause of the problem      Relevant     existing    Proposed Measure / Solution Whether      Proposed Proposal for                   Reference   Views and Suggestions of the SRA
No.   problem                                      Statutory Section(s),                                Measure / Solution Legislative
      identified                                   Regulation(s),                                       requires amendment Reforms
                                                   Rule(s), Circular(s),                                of law by Legislature
                                                   Guideline(s) and / or
                                                   Judgment(s)
2.    Delay           in SRA vide its Circular Regulation 33(10) of         For the purpose of declaration Partly yes. Proposed         Annexure II          T-7         1.   The question of survey of slum dwellers
      finalization of No.217 dated 12th                              the    of any land as slum Measure/Solution                        ought to be                           for preparation of Annexure II can be
      Annexure II due February 2024 directed DCPR 2034;                     rehabilitation     area   under pertaining           to     prepared and                          initiated only once land is declared as
      to the absence all                                                    Section 3(C)(1) of the Slum introduction             of     issued                                slum / slum rehabilitation area.
      of     limitation                 Compete Notification                Act,       the      SRA/Deputy limitation/timelines,        simultaneously
      laws and lack of nt       Authorities    to                    date   Collector carries out a survey requires amendment of                 at the                  2.   In respect of lands already declared as
      timebound          generate Annexure II d 23.08.2016 issued           of that land to determine the law by Legislature.           stage of                              slum areas / slum rehabilitation areas,
      mechanism for only by using Auto                               by     plot boundaries of the land and                             declaration of the                    the SRA is carrying out a biometric
      finalizing         Annexure II application Government          of     prepare a slum plan. The Proposed             Measure/      land as slum                          survey of the slum dwellers at which
      annexure II        and further Deputy Maharashtra read with           procedure for preparation of Solution pertaining to         under Section                         time documents are taken. This process
                         Collector / SRA / notifications                    Auto Annexure II ought to be issuance of Annexure II        3(C)(1)/ Section 4                    is being carried out for lands where no
                         Engineering              dated 14.09.2018,         initiated and completed at this at stage of declaration     of the Slum Act                       proposals have been received. Till date
                         Department of SRA 12.08.2021,                      stage itself by the SRA/Deputy may be done without          in a time bound                       out of 2597 clusters, biometric survey of
                         shall not accept and act 11.02.2022, and           Collector.                      amendment of law.           manner. Appeal                        about 1825 clusters have already been
                         upon      any manually 23.05.2022;                                                                                      by                           carried out. Biometric survey of
                                        prepared                                                             Section 3(C)(1)/ Section   ineligible                            4,45,670 no. of structures have been
                         Annexure II. However, Circular No.217              This        would         enable 4                          occupants ought                       carried out till date. This biometric
                         The aforesaid Circular dated 12th                  simultaneous preparation of                                 to be filed before                    survey results in finalization of
                         however does not February 2024.                    the Auto Annexure II at the Circular No.217                 the Appellate                         Annexure II.
                         provide for completion                             time of the declaration of a                dated 12th      Authority within
                         of issuance of Auto                                land as slum rehabilitation area February 2024              a period of                      3.   SRA is considering the viability of
                         Annexure II in a time                              itself and would enable near                                30(thirty) days                       preparation of Annexure II even in
                         bound period.                                      finalization of the number of Section 35                    from the date of                      respect of lands in respect of which no
                                                                            eligible slum dwellers on the                               the publication of                    proposal for redevelopment is yet
                                                                            site.                                                                the                          received, so that if a proposal is
                         Appeals by ineligible                                                                                                   Annexure                     received, no time is lost in finalization
                         slum dwellers is often                             Any occupants aggrieved by                                  II       without                      of Annexure II.
                         filed belatedly and there                          their ineligibility under the                                        any
                         is        no           time                        Auto Annexure II ought to                                   further extension.               4.   Once eligibilities are decided, the
                         limit/limitation within                            prefer an appeal before the                                                                       ineligible slum dwellers have a right to
                         which the ineligible                               Appellate Authority within a                                                                      file an Appeal.
                         slum dweller ought to                              period of 30(thirty) days from                              The      Appellate
                         file an appeal against                             the date of the publication of                              Authority    shall               5.   Though a period of 30 days in provided
                         his/her ineligibility. This                        the Auto Annexure II without                                decide        and                     for challenging any order, direction etc.
                         often leads to delay in                            any further extension. The                                  dispose of such                       before the appropriate authority, the
                         ascertainment of the                               Appellate Authority       shall                             Appeals within a                      Annexure II is being uploaded on the
                         final number of eligible                           decide and dispose of such                                  period          of                    website. However, most often, the slum
                         and non- eligible slum                             Appeals within a period of                                  60(sixty)    days                     dwellers express ignorance about the
                         dwellers                and                        60(sixty) days from the date of                             from the date of                      uploading of the Annexure II on the
                         consequently number of                             filing of the Appeal. Any                                   filing    of   the                    website. The SRA is considering the
                         tenements to be handed                             changes to the Auto Annexure                                Appeal.                               viability of auto – SMS to communicate
                         over to the eligible slum                          II pursuant to the decision of                                                                    to all slum dwellers that Annexure II has
                         dwellers in a project.                             the aforesaid appeals, ought to                             Competent                             been uploaded informing them of their
                         Further, basis of the                              be effected simultaneously by                               Authority  shall                      right to appeal.
                         number of tenements to                             the SRA/Deputy Collector to                                 duly update the
                         be handed over to the                              avoid any wastage of time.                                  changes      to                  6.   The law as it stands contemplates 2



                                                                                                                                                                                                                          Page 286
                                                                                                                                                                                                                          22
Sr.   Specific Issue /   Cause of the problem         Relevant     existing Proposed Measure / Solution     Whether      Proposed Proposal for                Reference    Views and Suggestions of the SRA
No.   problem                                         Statutory Section(s),                                 Measure / Solution Legislative
      identified                                      Regulation(s),                                        requires amendment Reforms
                                                      Rule(s), Circular(s),                                 of law by Legislature
                                                      Guideline(s) and / or
                                                      Judgment(s)
                         eligible slum dwellers,                                                                                       Annexure          II                    stages of appeals. The initial challenge
                         the balance tenements in                                                                                      immediately after                       lies to the Additional Collector u/s 35
                         Rehab Component are to                                                                                        the decision of the                     (1) and a further appeal is provided
                         be handed over as PAP                                                                                         Appellate                               before the GRC u/s 35(1)(a).
                         to the SRA.                                                                                                   Authority.
                                                                                                                                                                          7.   The SRA is in the process of increasing
                                                                                                                                                                               the Additional Collector and number of
                                                                                                                                                                               GRCs to dispose appeals expeditiously.
                                                                                                                                                                               In any case, under Reg. 33 (10) (3.12)
                                                                                                                                                                               (C), the developer is required to
                                                                                                                                                                               construct tenements irrespective of
                                                                                                                                                                               eligibility.




3.    Limitation and Neither Section 33 nor           Sections 33 and      Once rent for period of nearly   Partly Yes. Proposed       The Competent          T-7         The issue raised is already addressed above.
      timeline     for section 38 of the Slum         38 of the Slum Act   three years is secured for the   Measure / Solution         Authority after
      adjudication of Act provide for a                                    slum dwellers of a particular    requires amendment of      the issuance of
      the proceedings specified timeline for                               phase of slum scheme, then in    law by Legislature.        Letter of Intent
      under        the adjudication of the                                 that case there ought to be a    The proposed measure       shall immediately
      section 33 and proceedings         which                             consequent fixed timeline of     in relation to vacation    proceed Suo motu
      38 of the Slum eventually results in                                 around 3 (three) months from     of slum within 3           under Sections 33
      Act         and perpetual delay in                                   such deposit for vacation of     months       by      the   and 38 to evict
      parameters for vacating of occupants                                 the slum dwellers and                           compete     the occupants of
      invocation of from their structures                                  demolition of their structures   nt authorities from        the particular
      proceedings      and in demolition of the                            in respect of such phase.        deposit of rent does not   phase of slum
      under section 33 existing structures. This                                                            require amendment.         from the site and
      and 38 of the also results in delay in                               The onus for eviction and                                   proceed to
      slum act.        commencing the                                      demolition of slum dwellers      Sections 33 and 38         demolish the slum
                       rehabilitation scheme.                              ought to be taken by the SRA                                structures.
                                                                           and competent authorities. It
                         The     developer       is                        is unfair to put onerous                                    This procedure of
                         compelled to continue                             conditions which have major                                 eviction
                         paying rent to other                              financial repercussions on the
                         slum dwellers and incur                           developer and have no                                       of occupants from
                         other costs in relation to                        consequent      remedy      to                              the    site    and
                         the project which                                 implement the vacation,                                     demolition      of



                                                                                                                                                                                                                          Page 287
                                                                                                                                                                                                                          23
Sr.   Specific Issue /   Cause of the problem         Relevant     existing Proposed Measure / Solution          Whether      Proposed Proposal for           Reference   Views and Suggestions of the SRA
No.   problem                                         Statutory Section(s),                                      Measure / Solution Legislative
      identified                                      Regulation(s),                                             requires amendment Reforms
                                                      Rule(s), Circular(s),                                      of law by Legislature
                                                      Guideline(s) and / or
                                                      Judgment(s)
                         causes         financial                           eviction of slum dwellers and                              slum      structures
                         hardship      on     the                           demolition of structures from                              ought      to     be
                         developer.                                         the site. This will also enable                            completed within
                                              Sin                           speedy commencement of                                     a     period      of
                         ce vacation of slum                                construction               and                             3(three) months
                         dwellers           takes                           implementation of the slum                                 from the date of
                         substantial time, the                              scheme.                                                    issuance of Letter
                         construction         cost                                                                                     of Intent
                         increases and as a result                           The basic parameters for
                         thereof, the developer                              invocation of Sections 33 and                             There ought to be a
                         faces financial losses                              38 of the Slum Act [such as                               dedicated     wing
                         and, in some cases, may                             are        applicable          in                         under SRA itself
                         default in completion                               rehabilitation schemes         of                         for carrying out the
                         of the project.                                     MHADA lands                                               eviction        and
                                                                             under Regulation 33(5) of                                 demolition of the
                         CEO, SRA has issued a                               DCPR 2034] could be (a)                                   structures.
                         circular no.210 dated                               issuance of letter of intent; (b)
                         01.08.2023 mandating                                consents of 51% of the slum
                         deposit of advance rent                             dwellers; (c) provision of rent
                         for the period of two                               or temporary accommodation
                         years and post-dated                                for the slum dwellers. The
                         cheque towards rent for                             eviction of the slum dwellers
                         a further period of one                             and demolition of a slum
                         year. It states that only                           structures ought not to be held
                         once this condition is                              up for decision on eligibility.
                         fulfilled, the LOI will be
                         processed.                                          There ought to be a
                                                                             reasonable timeline on the
                                                                             competent authority for
                         Basic parameters when                               executing the Orders passed
                         Sections 33 and 38 of                               under Sections 33 and 38 of
                         the Slum Act can be                                 the Slum Act.
                         invoked, is presently
                         vague/unclear.                                      The Competent Authority
                                                                             ought not to wait for the
                                                                             decision on the eligibility
                         Even        after                                   before     the      Appellate
                                     the                                     Authority or treat mere filing
                         proceedings       under                             of the appeal/writ petition or
                         Sections 33 and 38 are                              any other proceeding for that
                         concluded by the                                    matter as a stay against
                         Competent Authority,                                eviction
                         the same do not get
                         executed      by    the
                         authorities in a timely
                         manner. Infact, the



                                                                                                                                                                                                             Page 288
                                                                                                                                                                                                             24
Sr.   Specific Issue /   Cause of the problem        Relevant     existing Proposed Measure / Solution     Whether      Proposed Proposal for            Reference    Views and Suggestions of the SRA
No.   problem                                        Statutory Section(s),                                 Measure / Solution Legislative
      identified                                     Regulation(s),                                        requires amendment Reforms
                                                     Rule(s), Circular(s),                                 of law by Legislature
                                                     Guideline(s) and / or
                                                     Judgment(s)
                         Competent       Authority
                         waits for the final
                         decision of appeal / Writ
                         Petition / SLP despite
                         there not being any order
                         of stay passed by any
                         superior Court. Filing of
                         appeal is treated as de-
                         facto stay by the
                         authorities and no steps
                         for eviction are taken.




4.    Vertical Slum Section 2 (b), Section           Section 2(b),          A clarification ought to be Yes.           Proposed     Definition     of     T-7
      Structures    3X (a) of the Slum Act           Section 3X(a) of the   issued that only the eligible Measure/Solution          “dwelling structure”             It is clear from the definition of dwelling
                    read with Regulation             Slum Act read with     occupants of the dwelling requires amendment            under Section 3X(a)              structure (Section 3X(a) of the Slum Act) that
                    33 (10) (II) (vi) of             Regulation 33(10)      structures on the ground floor of law by Legislature.   of the Slum Act,                 only structures attached to the earth i.e.,
                    DCPR                             (II) (vi)              are entitled to a rehabilitation                        should        clarify            ground floor structures are considered as
                    2034       defines     a         of DCPR 2034           unit and for rent / temporary Section 3X(a)             whether structures               dwelling structures under the Slum Act.
                    ”building”      and    a                                accommodation.                                          above ground floors
                    “dwelling structure” as                                 Alternatively, a developer                              are        “dwelling             Further, the Hon’ble Bombay High Court in
                    being restricted to                                     ought      to    be    suitably                         structure” or not. If            the case of Pameshkumar Nandnlal Sahu v.
                    ground floor structures.                                compensated for providing                               the intent of the                High Powered Committee & Ors. – WP No.
                    However, in numerous                                    rehabilitation unit and rent /                          legislature is to                3075 of 2015 held that mezzanine structures
                    cases, multiple floors                                  temporary accommodation for                             include     such                 are not eligible for slum rehabilitation.
                    have been constructed                                   the slum dwellers residing in                           structures     as
                    above the dwelling                                      the floors above the ground                             “dwelling
                    structure on the ground                                 floor structure in the form of                          structure”, then the
                    floor,       effectively                                incentive FSI and/or TDR.                               developer ought to
                    resulting in a vertical                                                                                         be          given
                    slum.                                                                                                           proportionate use of
                                                                                                                                    FSI/TDR        under
                                                                                                                                    Regulation 33 (10)
                         The occupants of such                                                                                      of the DCPR 2034
                         additional floors above
                         the dwelling structure
                         submit applications and
                         initiate proceedings for
                         a rehabilitation unit and
                         for rent / temporary
                         accommodation. This
                         results in occupants of
                         such floors not co-



                                                                                                                                                                                                                  Page 289
                                                                                                                                                                                                                  25
Sr.   Specific Issue /   Cause of the problem         Relevant     existing Proposed Measure / Solution   Whether      Proposed Proposal for   Reference   Views and Suggestions of the SRA
No.   problem                                         Statutory Section(s),                               Measure / Solution Legislative
      identified                                      Regulation(s),                                      requires amendment Reforms
                                                      Rule(s), Circular(s),                               of law by Legislature
                                                      Guideline(s) and / or
                                                      Judgment(s)
                         operating in vacation of
                         their structures and
                         adopting various legal
                         proceedings and even
                         impugning the slum
                         development      scheme,
                         which causes delay in
                         implementation of the
                         slum project.


                         Though it should only
                         the occupants of such
                         ground floor structures
                         that ought to be entitled
                         to a rehabilitation unit
                         and for rent/temporary
                         accommodation,        the
                         occupants      of   such
                         additional
                         floors/mezzanine above
                         the dwelling structure
                         also submit applications
                         and initiate proceedings
                         for a rehabilitation unit
                         and for rent / temporary
                         accommodation. This
                         results in occupants of
                         such floors not co-
                         operating in vacation of
                         their    structures    and
                         adopting various legal
                         proceedings, which
                         causes       delay      in
                         implementation of the
                         slum project.




                                                                                                                                                                                              Page 290
                                                                                                                                                                                              26
Sr.   Specific Issue /    Cause of the problem        Relevant     existing   Proposed Measure / Solution Whether      Proposed Proposal for             Reference    Views and Suggestions of the SRA
No.   problem                                         Statutory Section(s),                               Measure / Solution Legislative
      identified                                      Regulation(s),                                      requires amendment Reforms
                                                      Rule(s), Circular(s),                               of law by Legislature
                                                      Guideline(s) and / or
                                                      Judgment(s)
5.    Vacation       of   Presently the Slum Act      Section 33 and 38       There ought to be a              No.                 Rules/Circular        T-7         In so far as authorized structures in a slum
      Privat Plessel of   contains no provision       read                    mechanism set up to deal with                        may be                            area / SRA where area is occupied under a
      land declared as    of the manner in which      with Regulation         vacation of private lessee as    Section 33 and 38        issued under                 private arrangement with owner / lessee, at
      Slum area/Slum      any private lessee of       33(10) of DCPR 2034     well. Measures are required to                       Slum Act to                       times a combined scheme i.e. 33 (10) with 33
      rehabilitation      land declared as slum                               be taken so that private         Regulation 33(10)   clarify that lessee               (5) or 33 (7) etc. is permitted provided the
      area                or tenants in buildings                             lessees do not cause hurdles                         of land/buildings                 owner / developer fulfils the provisions /
                          on land declared as                                 in the implementation of the                         declared as slum                  statutory requirements. Dehors the statutory
                          slum are to be dealt                                SRS.                                                 or tenants in                     provisions, the present statutory regime does
                          with in terms of their                                                                                   buildings on land                 not contemplate throwing out a legitimate
                          entitlement to area, rent                           Slum Act should specify that                         declared as slum                  tenant / lessee by the SRA by exercise of
                          etc. Sections 33 and 38                             the provisions of Slum Act                           are liable to be                  powers under Section 33 and 38 of the Slum
                          of the Slum Act are not                             would prevail over all other                              evicted                      Act. There are certain provisions regarding
                          being implemented by                                statutes                                             under section 33                  removal of Vacant Land Tenures / Imla
                          the authorities against                                                                                  and 38 of the                     Malik (Regulation 33 (10) (1.12)).
                          private lessee of land or                                                                                Slum Act.
                          tenants in buildings on
                          slum lands unless an                                                                                     Lessee of
                          agreement is arrived at                                                                                  land/buildings,
                          between the developer                                                                                    tenants in
                          and such parties in                                                                                      buildings on slum,
                          regard       to       the                                                                                be given
                          commercial                                                                                               entitlement in
                          understanding for their                                                                                  terms of area, rent
                          vacation      and     re-                                                                                as per Regulation
                          accommodation.                                                                                           33(10).

                          Due to this lack of
                          clarity, a developer is
                          unable summarily evict
                          such private lessee and
                          tenants, who then try to
                          seek maximum benefits
                          from the developer and
                          ultimately cause delay in
                          implementation of slum
                          schemes.




                                                                                                                                                                                                                     Page 291
                                                                                                                                                                                                                     27
Sr.   Specific Issue /   Cause of the problem          Relevant     existing   Proposed Measure / Solution Whether      Proposed Proposal for       Reference   Views and Suggestions of the SRA
No.   problem                                          Statutory Section(s),                               Measure / Solution Legislative
      identified                                       Regulation(s),                                      requires amendment Reforms
                                                       Rule(s), Circular(s),                               of law by Legislature
                                                       Guideline(s) and / or
                                                       Judgment(s)
6.    Vacating Slum      The Slum Act read with        Section 33 and 38       There ought to be a mechanism No.                 Regulation          T-7        1.   The Competent Authority/ CEO is
      dwellers from      Regulation 33(10) of          read                    set-up so that a miniscule                        33(10)(6) ought to                  empowered to evict slum dwellers that
      commercila         DCPR 2034 provides            with Regulation         number of slum dwellers do Regulation 33(10)      be amended                          are not consenting to the scheme.
      slum structures    that all eligible slum        33(10) of DCPR 2034     not come in the way of                                  to permit
                         dwellers are      entitled                            vacating the slum dwellers                        provision of                   2.   Area equivalent to what was occupied
                         for a                                                 from the land                                     commercial                          earlier is not practical.
                         maximum carpet area of                                                                                        rehab
                         300       square      feet                                                                              premises                       3.   Only ground floor structures are being
                         irrespective of the actual                                                                              equivalent to the                   considered. The structure above
                         area occupied by all                                                                                    area occupied and                   ground floor is not considered for
                         residential as well as                                                                                  equivalent sale FSI                 rehabilitation.
                         non-      residential    /                                                                              to be made
                         commercial / economic                                                                                   available to the
                         activity areas.                                                                                         developer.

                         There are instances
                         where multiple floors
                         have been constructed
                         above the structures on
                         the ground floors in
                         slums and are used for
                         commercial purposes.
                         Some       of     these
                         structures range from
                         1000 square feet to
                         15,000 square feet.
                         Usually, the slum
                         dwellers let out these
                         structures on rental
                         basis and make profits
                         therefrom.

                         Despite the aforesaid
                         position in law in respect
                         of their entitlement of
                         area, the slum dwellers
                         demand for equivalent
                         area in rehab as was
                         occupied      by     them
                         earlier. This makes is
                         practically difficult for a
                         developer to finalize
                         plans to meet the
                         demands        of      few
                         commercial occupants.
                         This also leads to other



                                                                                                                                                                                                              Page 292
                                                                                                                                                                                                              28
Sr.   Specific Issue /    Cause of the problem         Relevant     existing Proposed Measure / Solution       Whether      Proposed Proposal for   Reference   Views and Suggestions of the SRA
No.   problem                                          Statutory Section(s),                                   Measure / Solution Legislative
      identified                                       Regulation(s),                                          requires amendment Reforms
                                                       Rule(s), Circular(s),                                   of law by Legislature
                                                       Guideline(s) and / or
                                                       Judgment(s)
                          slum     dwellers       to
                          demand larger areas.
                          Furthermore,        some
                          commercial occupants
                          refuse to vacate their
                          larger structures and
                          create hurdles in this
                          regard by initiating legal
                          proceedings. Eventually
                          the     developer       is
                          compelled to settle with
                          such         commercial
                          structure owners and
                          provide area from their
                          sale component.

7.    The                 Slum                      Chapter I-B, section    Eligibility of slum-dwellers for                                        T-6         To balance the rights of the slum dwellers,
             Slum                      rehabilitati 3-                      rehabilitation schemes must be                                                      it has been provided that slum dwellers
      Rehabilitation      on schemes are based on X and 3-Z Protected       based on the date of survey of                                                      between 2000 – 2011 will be rehabilitated
      Scheme              date-line or “cut-off Slum Dwellers.              slum-dwellers        for       a                                                    on payment of costs.
             cannot       date” entitlements – and                          redevelopment project rather
      achieve a slum      the     scheme       only                         than on arbitrary ‘cut-off
      free Mumbai –       provides replacement                              dates.’ This norm has already
      every               units for a limited                               been followed in the World
             SRA          number of “eligible”                              Bank aided infrastructure
      project creates a   households.           The                         projects in Mumbai.
      net deficit         ineligible dwellers have
             of housing   no choice but to find
      stock,         by   accommodation
      demolishing         elsewhere, typically in
      more       houses   other slums. This is a
      that it replaces.   major weakness in the
                          scheme: it ends up
                          tearing down more
                          houses than it builds.
                          Contrary to the mission
                          of the SRA to create a
                          “slum free Mumbai”,
                          every      SRA project
                          creates a net deficit of
                          affordable housing stock
                          which ensures that
                          slums will change form
                          and location but never
                          be eliminated.




                                                                                                                                                                                                              Page 293
                                                                                                                                                                                                              29
Sr.   Specific Issue /   Cause of the problem    Relevant     existing Proposed Measure / Solution        Whether      Proposed Proposal for   Reference   Views and Suggestions of the SRA
No.   problem                                    Statutory Section(s),                                    Measure / Solution Legislative
      identified                                 Regulation(s),                                           requires amendment Reforms
                                                 Rule(s), Circular(s),                                    of law by Legislature
                                                 Guideline(s) and / or
                                                 Judgment(s)
8.    Exclusion    of The               consent DCPR 33 (10)           Rehabilitation area: the           Amendment to the                     T-6         1.   Identity of members attending the
      ‘non            requirement of 71% of                            rehabilitation scheme area for     Slum Act as well as                                   meeting is verified by the authorized
      consenting’     eligible households has                          a project must be demarcated       DCPR 2034                                             officers of SRA. The authorized officer
      slum            been watered down to                             and notified by the SRA based                                                            thereafter takes the votes and declares
      households and 51%. It is common for                             on      clearly     established                                                          the results of the meeting. The meeting
      fraudulent      developers to delineate a                        parameters       before      the                                                         is videographed.
      ‘consent’   for scheme boundary in a                             identification of a developer
      redevelopment manner that excludes                               and before the survey of slum-                                                      2.   Thereafter the developer submits a
      projects        non-consenting                                   dwellers.                                                                                scheme with the notarized written
                      members. Apart from                                                                                                                       consent of 51% of eligible slum
                      this technique, there                            Consent: Consent of 71% of                                                               dwellers.
                      have been numerous                               slum-dwellers         identified
                      documented cases of                              through the survey must be                                                          3.   The SRA is exploring the possibility of
                      misinformation,                                  proved for                                                                               preparation of Annexure II by the SRA
                      corruption, intimidation                                                                                                                  on the basis of biometric survey so that
                      and coercion by builders                          developer as well as for                                                                when a scheme is received the proof of
                      and their agents to attain                       project proposal.                                                                        eligible slum dwellers is already
                      the requisite number of                                                                                                                   available.
                      ‘consenting’ members.                            Scheme information: all
                      In other words, the                              scheme information including                                                        4.   The SRA is also considering imposing
                      principle of consent                             scheme area, plans of the                                                                of conditions on developers that the
                      envisioned     by      the                       rehabilitation, timeline of                                                              process of taking consents is
                      framers of the slum                              construction, transit                                                                    videographed by developers. This will
                      rehabilitation scheme                            arrangements, must be made                                                               reduce disputes regarding the identity of
                      has       been       both                        available to slum-dwellers                                                               the persons.
                      undermined      in     the                       sufficiently in advance of the
                      regulations as well in                           process of establishing 75%
                      practice.                                        consent for the project. The
                                                                       guidelines prepared for under
                                                                       section 79(A) the Cooperative
                                                                       Societies Act can be similarly
                                                                       prepared for redevelopment of
                                                                       slum areas.




                                                                                                                                                                                                            Page 294
                                                                                                                                                                                                            30
Sr.   Specific Issue /    Cause of the problem         Relevant     existing   Proposed Measure / Solution Whether      Proposed Proposal for   Reference    Views and Suggestions of the SRA
No.   problem                                          Statutory Section(s),                               Measure / Solution Legislative
      identified                                       Regulation(s),                                      requires amendment Reforms
                                                       Rule(s), Circular(s),                               of law by Legislature
                                                       Guideline(s) and / or
                                                       Judgment(s)
9.    Developers          Developers do so to          GR dated-               Consent for a developer’s                                        T-6         The said issue is answered above.
      adopt fraudulent    obtain additional Floor      17.01.2008 GR           project formulation needs to be
      strategies     to   Space Index from the         dated-04.06.2008        linked to presentation of a full
      fabricate           Government.                  Circular                project design including plans
      Annexure-II by                                                   date    for transit periods and delivery
      inflating     the   Lack of measures to          d- 12.02.2024           of houses, followed by a Q&A
      number of slum-     curtail such issues.                                 session and then a consent
      dwellers in the                                  DCPR 33 (10)            form that is distributed to every
      scheme              Since eligibility of slum                            existing household in the
                          dwellers is required for                             delineated territory should be
                          them to consent to the                               returned by the household to
                          scheme, it motivates the                             the promoters within 2-3 days.
                          developers to further                                The consent given should be an
                          forge consent by using                               informed consent, and the slum
                          strategies such as adding                            dwellers should not be forced
                          names of people who do                               to consent to a scheme without
                          not exist, people who are                            being full knowledge of the
                          dead, arbitrary merger                               scheme and the timeline for
                          and      inclusion      of                           redevelopment. The slum
                          adjacent territories, etc.                           dwellers should be involved in
                          The link of eligibility to                           the proposed project.
                          consent has made those
                          who ask for more                                     Consent mechanism needs to
                          information or disagree                              be     strengthened,      which
                          vulnerable to physical                               includes a process that respects
                          threats and intimidation.                            the integrity of the settlement
                                                                               boundaries for calculation of
                                                                               the total number of households
                                                                               and a process that is
                                                                               accompanied by full prior
                                                                               information.

                                                                               A contract should be signed
                                                                               after this with a countersign by
                                                                               an SRA representative and a
                                                                               copy should be handed over to
                                                                               every household.

                                                                               An eligibility test should be
                                                                               undertaken after the signing of
                                                                               contract. Those considered
                                                                               ineligible are often being an
                                                                               assurance of rent so that they
                                                                               vacate the houses. Options for
                                                                               the eligible, the ineligible
                                                                               should therefore be clearly



                                                                                                                                                                                                Page 295
                                                                                                                                                                                                31
Sr.   Specific Issue /     Cause of the problem        Relevant     existing Proposed Measure / Solution          Whether      Proposed Proposal for   Reference   Views and Suggestions of the SRA
No.   problem                                          Statutory Section(s),                                      Measure / Solution Legislative
      identified                                       Regulation(s),                                             requires amendment Reforms
                                                       Rule(s), Circular(s),                                      of law by Legislature
                                                       Guideline(s) and / or
                                                       Judgment(s)
                                                                             mentioned in the contract
                                                                             whose copy should be shared
                                                                             with      every      household,
                                                                             irrespective of eligibility.

                                                                                 Developers should be barred
                                                                                 from      clubbing    multiple
                                                                                 schemes after presenting a
                                                                                 project to slum developers and
                                                                                 getting consent, based on the
                                                                                 same.




10.   Displacement of      Given eligibility norms,    33(10) VI 1.16 (iv),      Displacement of slum dwellers                                         T-6
      slum dwellers        at     least     10-15%     DCPR, 2034                due to eligibility norms
      due to eligibility   households           get
      norms.               displaced even before a     Section 10, SR Act
                           scheme is completed
                           and another 8-10% in        Section 38, SR Act
                           the next few years of       Government
                           occupation, partly due to   Resolution
                           the economic and social                        date
                           vulnerabilities of the      d
                           residents.                  18.08.2023
                                                                            fo
                                                       r
                                                       Documents to be
                                                       considered for the
                                                       eligibility of Non-
                                                       residential
                                                                   slum
                                                       dwellers/ stall holders
                                                       for
                                                                   redevelope
                                                       d
                                                       tenement.




                                                                                                                                                                                                      Page 296
                                                                                                                                                                                                      32
Sr.   Specific Issue /    Cause of the problem     Relevant     existing Proposed Measure / Solution        Whether      Proposed Proposal for   Reference    Views and Suggestions of the SRA
No.   problem                                      Statutory Section(s),                                    Measure / Solution Legislative
      identified                                   Regulation(s),                                           requires amendment Reforms
                                                   Rule(s), Circular(s),                                    of law by Legislature
                                                   Guideline(s) and / or
                                                   Judgment(s)
11.   Non-issuance of Since the Act has been                             Photo passes should be issued                                           T-6         1.   The State Government has issued
      photo-passes    brought in, it has been                            to slum dwellers, in regard to                                                           Government       Resolutions    dated
                      only once in the year                              identification of 'slum dweller'                                                         16.5.2015 and 16.5.2018 wherein it is
                      1976 that photo passes                             as per the provisions of Section                                                         clarified that eligibility of a slum
                      were issued and after                              3 Y (1) of the Maharashtra                                                               structure and a slum dweller can be
                      that a survey was once                             Areas Act and the same can be                                                            decided on the basis of any of the
                      carried out in the year                            used.                                                                                    documents mentioned therein which
                      1999- 2000 for revision                                                                                                                     includes a census form on the basis of
                      and updating the photo                              If need be; for the preparation                                                         which photo passes were issued in the
                      pass holders but the                                of Annexure I under DCR                                                                 year 2000. Therefore, issuance of a
                      exercise     was      not                           33.10.                                                                                  photo-pass is not necessary. Other
                      completed and no new                                                                                                                        documents are also valid documents for
                      photo                                                                                                                                       eligibility.
                      pass was issued.                                    Provision to issue photo passes
                      The ground survey                                   to those who have been                                                             2.   The ground survey is carried out by the
                      carried out to determine                            surveyed under the current                                                              Surveyors in the SRA. Additionally,
                      the eligibility is done                             biometric survey.                                                                       Tahsildars/ Naib Tahsildars in the SRA
                      mostly in absence of                                                                                                                        personally verify 100% of the slum
                      government       officials                                                                                                                  dwellers surveyed. The Deputy
                      and                                                                                                                                         Collectors who are Competent
                      inadequate staff.                                                                                                                           Authorities under the Act personally
                                                                                                                                                                  verify 10% of the eligible slum
                                                                                                                                                                  dwellers.

                                                                                                                                                             3.   With the biometric survey, the process
                                                                                                                                                                  of verification of documents is quicker
                                                                                                                                                                  and expeditious.
12.   Unrealistic         The cutoff dates rely on G.R dated 16.05.2015   Documents like birth and                                               T-6         Essentially documents where authority
                     an   residents to produce and 16.05.2018             death certificates, school                                                         verifies the location are being utilized for the
      d stringent         electricity bills, electoral                    leaving certificate, police                                                        purposes of eligibility. The documents
      conditions          rolls, photo-passes and                         complaints, Aadhar and PAN                                                         suggested are prone to abuse.
                          survey slips to prove                           Card, bank passbooks should
      of documents        eligibility.                                    be added to the list of
      required to                             Resear                      documents     needed    for
      prove               ch points out that it takes                     eligibility.
      eligibility.        years (often decades) for
                          residents to obtain these
                          documents leading to lot
                          of exclusion of people.




                                                                                                                                                                                                                Page 297
                                                                                                                                                                                                                33
Sr.   Specific Issue /   Cause of the problem        Relevant       existing   Proposed Measure / Solution Whether      Proposed Proposal for   Reference   Views and Suggestions of the SRA
No.   problem                                        Statutory Section(s),                                 Measure / Solution Legislative
      identified                                     Regulation(s),                                        requires amendment Reforms
                                                     Rule(s), Circular(s),                                 of law by Legislature
                                                     Guideline(s) and / or
                                                     Judgment(s)
13.   Societies          SRA officers often cater    Circular No. 169          The process of forming a                                         T-6         The meeting for appointment of developer
      conduct their      to developers, allowing     mandates      that    a   society should only commence                                                 is done under the aegis of the officers of
      GBMs with the      them to profit while        General           Body    after the issuance           of                                              the SRA. Various steps regarding
      developers and     exploiting          slum    Meeting (GBM) be          Annexure II, ensuring that                                                   finalization of Annexure II and
      their agents       dwellers. This suggests     held     before     the   only eligible slum dwellers are                                              appointment of developer are set – out
      taking an active   that the officers may       registration of a         involved          in        the                                              hereinabove.
      part and without   have personal interests     society under the         implementation of the scheme.
      following due      in benefiting financially   MCS Act, 1960, to
      process required   from these developers.      pass        resolutions
      under the MCS                                         for appointing
      act, 1960, and                                 the chief promoter
      the circulars                                  and
      issued by the                                  developer.
      SRA, raising
      concerns about
      the legality and
      transparency
      of the formation
      process.
14.   Arbitrary use of   It has become a practice                              Procedure for conducting any       Amendment of Section          T-6         The procedure under section 33 and 38 is
      section 33 and     that Section 33-38                                    eviction of slums by any           3Z to make the                            initiated after the determination of
      38 of the Slum     proceedings are initiated                             authority should be preceded       procedures of eviction                    eligibility. The parameters of Section 33
      Act 1971           against slum dwellers                                 by:                                and rehabilitation and                    and 38 are settled by various judgments of
                         who are opposing the                                  i) a survey of all residents,      the penalties of its                      this Hon’ble Court.
                         Scheme in cases of                                    ii) individual notices to all      violation very clear. It
                         malpractices                                          residents                          should not leave out
                                                                               iii) preparation of annexure-2     scope of arbitrary use of
                         by developers or against                              based on the survey                power when comes to
                         non-consenting                                        iv) sufficient appeal time         eviction.
                         members.                                              before eviction
                                                                               v)      rehabilitation    before
                         This is done at the                                   eviction vi) appeal process
                         instance      of      the                             after eviction as well
                         developer        without                              vii) no evictions during
                         hearing     the     non-                              monsoon periods as per the
                         consenting          slum                              Supreme Court’s order.
                         dwellers     or     their
                         complaints, to get rid of                             Officers using arbitrary power
                         any objections to the                                 to evict should be prosecuted
                         project.                                              under criminal charges as the
                                                                               people rendered homeless
                                                                               suffer tremendous violence
                                                                               due to
                                                                               homelessness.




                                                                                                                                                                                                         Page 298
                                                                                                                                                                                                         34
Sr.   Specific Issue /    Cause of the problem        Relevant     existing     Proposed Measure / Solution Whether      Proposed Proposal for                   Reference    Views and Suggestions of the SRA
No.   problem                                         Statutory Section(s),                                 Measure / Solution Legislative
      identified                                      Regulation(s),                                        requires amendment Reforms
                                                      Rule(s), Circular(s),                                 of law by Legislature
                                                      Guideline(s) and / or
                                                      Judgment(s)
15.   Increased           Non implementation of       Circular No. 217          Biometric       survey       for    Yes required official    Yes penalty          T-1        1.   Currently, Auto Annexure-II issued by
      number of           Biometric survey            dated 12 February         identification of number of         should be held           provision clause                     the Competent Authority is based on a
      bogus slum-                                     2024.                     exact slum dwellers of              responsible              shall be included                    central database of the SRA which is
      dwellers who                                                              particular plot and integration                         a    shall be against the                 prepared on the basis of the cluster
      are in favour of                                                          of the same with central data       nd disciplinary action   officials        not                 survey undertaken by the SRA.
      the Developer                                                             base is required irrespective of    and penalty should be    following it.                   2.   On disciplinary action against errant
      and those who                                                             the     Authority     preparing     imposed.                                                      officers, please refer to the response in
      are against the                                                           Annexure II                                                                                       point 5 in Table 1.
      developer are                                                                                                                                                          3.   Biometric survey is in fact being carried
      left out without                                                          Disciplinary action should be                                                                     out.
      survey.                                                                   initiated against the officer not
                                                                                following the law.
16.   Undecided           Eligibility applications Circular No. 91              Application should be decided Not required already Yes penalty                T-1            There is no concept of eligibility applications.
      Eligibility         are kept pending for                                  with the required time frame as provision is present but provision clause                    As regards the appeals suggested, the same has
                          years on the instance of                              that of RTI Applications.       not implemented.         shall be included                   been dealt with hereinabove.
      of slum             developer and for some                                                                                         shall be against the
      dwellers.           Monetary expectation of                               All the appeal proceedings                               officials        not
                          the officials                                         should be completed with 1                               following it
                                                                                year.

                                                                                Disciplinary action should be
                                                                                initiated against the officer not
                                                                                following the law
17.   Identification of   Time      and      again    By Maha Act. 10 of        cut – off date should not be                                                     T-9         1.   The issue regarding cut – off date is
      genuine Slum        extension of cut-off date   2002 [w.e.f.              extended        in       any                                                                      answered hereinabove.
      Dwellers            has          encouraged     18.05.2001]               circumstances,
      [Eligibility],      encroachment                [Amendment to The                                                                                                      2.   The SRA is in the process of integrating
      recorded at a                                   Maharashtra       Slum    Identification of eligible Slum                                                                   the Aadhaar database with the SRA’s
      centralized data    of                          Areas (I. C. & R) Act,    dwellers, with biometric of                                                                       database as well as capturing the slum
      base, so that       Government/      Private    1971], the actual         actual occupants by linking                                                                       dwellers mobile number.
      bogus        slum   Land, apart from the fact   occupier       of     a   their Aadhar Card. This data
      dwellers, can be    that the same is in         dwelling structure, in    should be centralised. Mobile                                                                3.   On timelines for deciding eligibility
      eliminated from     violation of the Slum       existence on or prior     number of the slum dwellers                                                                       claims, please refer to the response in
      taking benefit.     Act and should stop         to 01st January,          should also be linked, so as to                                                                   Point 16(1) above.
                          somewhere;                  1995, were protected      send draft and final Annexure
                                                      and were entitled         – II [In short ‘Ann – II’], to                                                               4.   The SRA is already working towards
                          Slum dwellers claiming                           f    them, so that they are aware.                                                                     satellite  surveys   to     prevent
                          benefits in more than       or                        Most of time, it is seen that                                                                     encroachment.
                          one Scheme;                 rehabilitation            slum dwellers, are not aware of
                                                                                their eligibility status in Ann –                                                            5.   The SRA has already issued Circular 222
                          Benefits only to be given /                           II.                                                                                               as per which the names of husband and
                          to genuine slum           relocation. [See Sec.                                                                                                         wife are included as joint owners in
                          dwellers;                 3X and 3Y of the Slum In Ann – II, eligibility should                                                                         Annexure-II.
                                                    Act].                 not be kept undecided
                          Bogus documents used                            [sometimes it is kept pending                                                                      6.   On following the eligibility norms as per



                                                                                                                                                                                                                              Page 299
                                                                                                                                                                                                                              35
Sr.   Specific Issue /   Cause of the problem   Relevant      existing Proposed Measure / Solution         Whether      Proposed Proposal for   Reference   Views and Suggestions of the SRA
No.   problem                                   Statutory Section(s),                                      Measure / Solution Legislative
      identified                                Regulation(s),                                             requires amendment Reforms
                                                Rule(s), Circular(s),                                      of law by Legislature
                                                Guideline(s) and / or
                                                Judgment(s)
                         for eligibility.       Under this criteria for decades].                                                                                the Government Resolutions dated
                                                ‘Slum                                                                                                            16.5.2015 and 16.5.2018, the same is
                                                                         Satellite survey of Slum Plots,                                                         being implemented by the SRA.
                                                Structure’ should be in should be done periodic, to
                                                existence prior to cut - prevent further encroachment.                                                      7.   On issuance of photo-passes, please refer
                                                off date of 01.01.1995                                                                                           to the response in point 11(1) above.
                                                and further, the ‘Slum The cut-off date of eligibility
                                                Dweller’ should also should be freezed and not to be                                                        8.   The SRA will issue an identity card after
                                                be in actual possession extended, in any condition.                                                              allotment of rehab tenements to slum
                                                prior to cut - off date                                                                                          dwellers.
                                                [i.e. 01.01.1995].       Name of spouse (Husband and
                                                                         Wife) and all actual occupants
                                                This Hon’ble Court in should be mentioned in Ann –
                                                the matter of Janhit II.
                                                Manch v. State of
                                                           Maharashtr Subsequent purchaser after
                                                a [(2007) 1 Bom CR issuance of Ann – II who have
                                                329], has held that the actually ‘occupied / resided’ in
                                                cut-off                  slum structure, should be
                                                                    da considered for eligibility [as
                                                te                       per G.R.       dtd.
                                                01.01.1995, shall not           16.05.2015 and
                                                be extended further.     16.05.2018].

                                                Thereafter, in blatant  Sec. 3Y of the Slum Act,
                                                violation of above      provides for issuance of
                                                Judgement of this       Photopass,           however,
                                                Hon’ble Court passed    Photopasses are not being
                                                in matter of Janhit     issued. Therefore, Competent
                                                Manch [Supra],          Authority be directed to issue
                                                                        ‘Photopass’, to slum dwellers,
                                                Cut off date            by verifying their documents,
                                                        of 01.01.1995, as per law.
                                                              was
                                                extended                After issuance of letter of
                                                                      t Allotment to the slum
                                                o                       dwellers, SRA should also
                                                01.01.2000 [By Maha issue ‘Identity Card’, to the
                                                Act. 9 of 2014, S. 2    allottee having photograph of
                                                (w.e.f. 02.05.2014)];’ Husband, Wife and other
                                                                        family members of allottee.
                                                Sale / Purchase after
                                                01.01.2000 of ‘Slum
                                                Structure’          [in
                                                existence prior to
                                                01.01.2000],       was



                                                                                                                                                                                                         Page 300
                                                                                                                                                                                                         36
Sr.   Specific Issue /   Cause of the problem         Relevant     existing Proposed Measure / Solution   Whether      Proposed Proposal for                Reference    Views and Suggestions of the SRA
No.   problem                                         Statutory Section(s),                               Measure / Solution Legislative
      identified                                      Regulation(s),                                      requires amendment Reforms
                                                      Rule(s), Circular(s),                               of law by Legislature
                                                      Guideline(s) and / or
                                                      Judgment(s)
                                                      permitted by G. R
                                                      dtd. 16.05.2015.

                                                      Slum Structure which
                                                      have come up after
                                                      01.01.2000 till 2011,
                                                      are also now entitled
                                                      for     rehabilitation,
                                                      subject to payment of
                                                      prescribed fee / cost
                                                      vide      G.R      dtd.
                                                      16.05.2018.




18.   Procedure for     Annexure-II records the       Notification                                        For proposed measures      For                    T-8         The issue concerning preparation of Annexure
      issuance          details of the existing                             N                             mentioned from (a) to                  propose                II is answered hereinabove.
                        occupants occupying the       o.             Sankirna-                            (d):                       d measure at (e):
      of Annexure-II area covered by SR               2020/CR-                                            (a)     The proposed       Amendment         of
      and its finality. Scheme and which              18/Zopani-2  dated                                  measure      can      be   DCPR
                        occupants are eligible /      12th August 2021                                    implemented       under                    203
                        ineligible, determining       issued by Housing                                   existing law by passing    4
                        the number of slum            Department,                                         similar     notification   [Regulation
                        dwellers that are to be       Maharashtra.                                        under Sections 3(1),       33(10)]          for
                        rehabilitated.                                                                    3Y(1) and 35(1) of the     consistency
                                                                                                          Act          appointing    between the Act
                         Presently, Annexure-II       Reg.33(10) (2.2),                                   appropriate authorities    and the regulations
                         for various land owning      DCPR 2034.                                          under SRA delegating       under DCPR 2034,
                         bodies like MHADA,                                                               powers for issuance of     as provisions of
                         MCGM, MMRDA is                                                                   Annexure-II.               both legislations
                         verified by their internal   Admin. order dated                                                             are required to be
                         agencies as against          3rd October 2023                                    (b)     Issuance           followed for a
                         central agencies of          issued by SRA.                                              of regulations     timely
                         Deputy                                                                           under     Section    3V    implementation of
                                          Collecto                                                        consistent with the Act,   the SR Scheme,
                         rs stationed in SRA, due                                                         for implementation of      and       therefore,
                         to which issuance of                                                             the            proposed    they
                         Annexure-II takes                                                                measures;                  cannot
                         anywhere between 6                                                                       the verification                      b
                         months to a decade.                                                              and      issuance     of   e
                                                                                                          Annexure-II,     in    a   contradictory     to
                         Powers    of   various                                                           streamlined and timely     each other.
                         Deputy Collectors with                                                           manner.
                         regards to approval of                                                                                      The general Slum
                         Annexure II are now                                                                                         Rehabilitation



                                                                                                                                                                                                                   Page 301
                                                                                                                                                                                                                   37
Sr.   Specific Issue /   Cause of the problem        Relevant     existing Proposed Measure / Solution      Whether      Proposed Proposal for         Reference    Views and Suggestions of the SRA
No.   problem                                        Statutory Section(s),                                  Measure / Solution Legislative
      identified                                     Regulation(s),                                         requires amendment Reforms
                                                     Rule(s), Circular(s),                                  of law by Legislature
                                                     Guideline(s) and / or
                                                     Judgment(s)
                         designated to one single                                                                                 Scheme       under
                         Deputy Collector of                                                                                      Section 3B of the
                         SRA.                                                                                                     Act to be amended
                                                                                                                                  accordingly.
                         Case by case declaration
                         of Annexure II causes
                         overlap, dual benefits to
                         the same slum dwellers
                         in     two      different
                         schemes,          allows
                         introduction           of
                         additional slum dwellers
                         vide      Supplementary
                         Annexure II.

                        The present procedure
                        for      issuance    of
                        Annexure-II          is
                        elaborated       in our
                        Affidavit at para. no.3
                        (Issue 1).
19.   Identification of Slum dwellers who have Maharashtra     Co- 1. Once a plot is declared and                                                      A-11        The said issue is already addressed. So far
      slum dwellers     no experience and right operative Societies published on the website as a                                                                  as electricity bills and the account, the same
                        over land cannot be Act                     slum plot, SRA will appoint a                                                                  is already connected. The SRA is in the
                        expected to manage                          separate                                                                                       process of linking Aadhaar.
                        their societies.                                professional management
                                                                    agency for every slum plot that
                                                                    will guide slum dwellers at all
                                                                    stages. The agency must have
                                                                    a minimum number of
                                                                    professionals and should have
                                                                    satisfied     the      eligibility
                                                                        norms         for
                                                                    appointment/selection.       The
                                                                    fees will be partly paid by the
                                                                    slum dwellers as scrutiny of
                                                                    eligibility and partly by SRA.

                                                                          2. Once a plot is declared as a
                                                                          slum, every occupant and his
                                                                          family members must register
                                                                          themselves by using a public
                                                                          data entry module on their own
                                                                          on a dedicated user-friendly
                                                                          government website against
                                                                          their respective structure with



                                                                                                                                                                                                                    Page 302
                                                                                                                                                                                                                    38
Sr.   Specific Issue /   Cause of the problem   Relevant     existing Proposed Measure / Solution          Whether      Proposed Proposal for   Reference   Views and Suggestions of the SRA
No.   problem                                   Statutory Section(s),                                      Measure / Solution Legislative
      identified                                Regulation(s),                                             requires amendment Reforms
                                                Rule(s), Circular(s),                                      of law by Legislature
                                                Guideline(s) and / or
                                                Judgment(s)
                                                                      payment of certain fees for
                                                                      scrutiny. Fees        will    be
                                                                      increased gradually after the
                                                                      cut- off date has expired. Also,
                                                                      it will be the responsibility of
                                                                      the Agency to ensure that data
                                                                      of occupants of every structure
                                                                      in the plot are entered on the
                                                                      website.

                                                                       3. The concerned authorities
                                                                       shall also enter or link their
                                                                       data related to structures and
                                                                       other details.

                                                                       4. As soon as a person registers
                                                                       with the website, the occupant
                                                                       and his family members shall
                                                                       be permanently disentitled
                                                                       from
                                                                       rehabilitation rights in future
                                                                       except for the present
                                                                       structure.

                                                                       5. The website will be
                                                                       connected with and authorised
                                                                       to use/verify the data from the
                                                                       concerned govt authorities and
                                                                       utility providers viz electricity
                                                                       suppliers, telephone, banks,
                                                                       LIC etc election authority,
                                                                       Aadhar, Income Tax, BMC etc
                                                                       for KYC verification. Most of
                                                                       the data will be captured from
                                                                       the other websites linked. This
                                                                       will make public data entry
                                                                       simple and avoid duplication
                                                                       of data and instant verification
                                                                       of KYC data entered.

                                                                       6. Effective integration of all
                                                                       concerned authorities with this
                                                                       website is a key to success.

                                                                       7. Since the website will be
                                                                       linked with the Election



                                                                                                                                                                                               Page 303
                                                                                                                                                                                               39
Sr.   Specific Issue /   Cause of the problem   Relevant     existing Proposed Measure / Solution         Whether      Proposed Proposal for   Reference   Views and Suggestions of the SRA
No.   problem                                   Statutory Section(s),                                     Measure / Solution Legislative
      identified                                Regulation(s),                                            requires amendment Reforms
                                                Rule(s), Circular(s),                                     of law by Legislature
                                                Guideline(s) and / or
                                                Judgment(s)
                                                                      Authority's     Website,    the
                                                                      voting rights of all slum
                                                                      dwellers shall stand suspended
                                                                      till he has vacated their
                                                                      respective structures. This
                                                                          will permanently end
                                                                      unholy electoral politics.

                                                                       8. The Agency for the Slum
                                                                       Plot                 completes
                                                                          preliminary      verification
                                                                       within the stipulated time.

                                                                       9. The website will have an in-
                                                                       built verification process like
                                                                       the IT/GST Website. This will
                                                                       be the second verification.

                                                                       10. The third verification will
                                                                       be done through trained
                                                                       officials    /    independent
                                                                           professional      agencies
                                                                       without interacting with the
                                                                       slum dwellers or any other
                                                                       person, directly like a
                                                                       faceless assessment done
                                                                       under IT/GST. At this stage,
                                                                       the eligibility decisions of
                                                                       most occupants will be cleared
                                                                       based on standardized data.

                                                                       11. As soon as the third
                                                                       verification stage is cleared
                                                                       and viable slum pockets are
                                                                       decided, the Cooperate Dept
                                                                       will automatically register a
                                                                       society for that slum pocket.

                                                                       12. As soon as the third
                                                                       verification stage is cleared,
                                                                       the agency for the slum pocket
                                                                       shall call a common meeting of
                                                                       all eligible members of the
                                                                       particular slum plot and slum
                                                                       dwellers shall appoint the
                                                                       managing committee for that



                                                                                                                                                                                              Page 304
                                                                                                                                                                                              40
Sr.   Specific Issue /   Cause of the problem     Relevant     existing Proposed Measure / Solution Whether          Proposed Proposal for   Reference    Views and Suggestions of the SRA
No.   problem                                     Statutory Section(s),                                 Measure / Solution Legislative
      identified                                  Regulation(s),                                        requires amendment Reforms
                                                  Rule(s), Circular(s),                                 of law by Legislature
                                                  Guideline(s) and / or
                                                  Judgment(s)
                                                                        pocket. The agency will enter
                                                                        details on the website for the
                                                                        society already registered for
                                                                        that pocket. The Managing
                                                                        Committee· will function as per
                                                                        applicable Cooperative Rules.

                                                                           13. The fourth verification
                                                                           will     be   done     through
                                                                           designated     officials     in
                                                                           decisions related to genuine
                                                                                typical non-
                                                                           standardised cases/disputes.

                                                                           14. The above processes will
                                                                           be done simultaneously and
                                                                               in parallel with a deadline
                                                                           for all Stages.

20.   Creation of       There are no clear                                 There should be identification                                    A-17        As regards procedure for formation of Society,
      slum societies    directions/circulars                               of slums by the State                                                         the same is governed by the Circulars of the
                        mandating on what basis                            Govt./SRA. The criteria for                                                   SRA.
                        the formation of the                               formation of slum societies
                        society is to be done.                             should be clearly spelt out. The
                        Often, there are a                                 process of       election of
                        number of societies on                             promoters       should        be
                        one CTS number or a                                supervised by the SRA.
                        one society
                        across a number of CTS
                        numbers
21.   Identification of Time       and      again By Maha Act. 10 of       a.     cut – off date should                                      T-10        Please refer to point 17 above.
      genuine Slum extension of cut-off date 2002                          not be extended in any
      Dwellers          has encouraged                             [w.e.   circumstances,
      [Eligibility],    encroachment              f.
      recorded at a                               18.05.2001]              b.      Identification      of
      centralized data of                         [Amendment to The        eligible Slum dwellers, with
      base, so that Government/           Private Maharashtra      Slum    biometric of actual occupants
      undeserving       Land, apart from the fact Areas (I. C. & R) Act,   by linking their Aadhar Card.
      slum dwellers that the same is in 1971], the actual                  This     data     should    be
      should not take violation of the Slum occupier            of     a   centralised. Mobile number of
      benefits.         Act and should stop dwelling structure, in         the slum dwellers should also
                        somewhere;                existence on or prior    be linked, so as to send draft
                                                  to 01st January,         and final Annexure – II [In
                                                  1995, were protected     short ‘Ann – II’], to them, so
                                                  and were entitled        that they are aware. Most of
                                                                      f    time, it is seen that slum



                                                                                                                                                                                                      Page 305
                                                                                                                                                                                                      41
Sr.   Specific Issue /   Cause of the problem   Relevant       existing Proposed Measure / Solution          Whether      Proposed Proposal for   Reference   Views and Suggestions of the SRA
No.   problem                                   Statutory Section(s),                                        Measure / Solution Legislative
      identified                                Regulation(s),                                               requires amendment Reforms
                                                Rule(s), Circular(s),                                        of law by Legislature
                                                Guideline(s) and / or
                                                Judgment(s)
                                                or                       dwellers, are not aware of their
                                                rehabilitation           eligibility status in Ann
                                                / relocation. [See Sec.           –         II.
                                                3X and 3Y of the Slum c. In Ann – II, eligibility
                                                Act].                    should not be kept undecided
                                                     Under          this [sometimes it is kept pending
                                                criteria          ‘Slum for decades].
                                                               Structur d.        Satellite survey of
                                                e’ should be in Slum Plots, should be done
                                                existence                periodic, to prevent further
                                                prior to cut - off date encroachment.
                                                of          01.01.1995 e.         The cut-off date of
                                                                     an eligibility should be freezed
                                                d                        and not to be extended, in any
                                                further, the ‘Slum condition.
                                                Dweller’ should also f.           Name       of    spouse
                                                be       in       actual (Husband and Wife) and all
                                                possession prior to actual occupants should be
                                                cut - off date [i.e. mentioned in Ann – II.
                                                01.01.1995].             g.       Subsequent purchaser
                                                     This      Hon’ble after issuance of Ann – II who
                                                Court in the matter of have actually ‘occupied /
                                                Janhit Manch v. State resided’ in slum structure,
                                                of                       should be considered for
                                                           Maharashtr eligibility [as per G.R. dtd.
                                                a [(2007) 1 Bom CR 16.05.2015 and 16.05.2018].
                                                329], has held that the h.        Sec. 3Y of the Slum
                                                cut-off                  Act, provides for issuance of
                                                                     da Photopass, however,
                                                te                       Photopasses are not being
                                                01.01.1995, shall not issued. Therefore, Competent
                                                be extended further.     Authority be directed to issue
                                                     Thereafter,      in ‘Photopass’, to slum dwellers,
                                                blatant violation of by verifying their documents,
                                                above Judgement of as per law.
                                                this Hon’ble Court i.             After issuance of letter
                                                passed in matter of of Allotment to the slum
                                                Janhit Manch [Supra], dwellers, SRA should also
                                                                         issue ‘Identity Card’, to the
                                                (i) Cut off date of      allottee having photograph of
                                                     01.01.1995,         Husband, Wife and other
                                                                     w family members of allottee.
                                                     as
                                                     extended
                                                                     to
                                                     01.01.2000



                                                                                                                                                                                                 Page 306
                                                                                                                                                                                                 42
Sr.   Specific Issue /   Cause of the problem   Relevant        existing Proposed Measure / Solution   Whether      Proposed Proposal for   Reference   Views and Suggestions of the SRA
No.   problem                                   Statutory Section(s),                                  Measure / Solution Legislative
      identified                                Regulation(s),                                         requires amendment Reforms
                                                Rule(s), Circular(s),                                  of law by Legislature
                                                Guideline(s) and / or
                                                Judgment(s)
                                                                       [B
                                                      y
                                                      Maha Act. 9 of
                                                      2014, S. 2 (w.e.f.
                                                      02.05.2014)];’
                                                (ii) Sale / Purchase
                                                      after 01.01.2000
                                                      of          ‘Slum
                                                      Structure’      [in
                                                      existence prior to
                                                      01.01.2000],
                                                      was
                                                      permitted by G.
                                                      R              dtd.
                                                      16.05.2015.
                                                (iii) Slum Structure
                                                      which have come
                                                      up
                                                                      aft
                                                      er
                                                      01.01.2000 till
                                                      2011, are also
                                                      now        entitled
                                                                        f
                                                      or rehabilitation,
                                                      subject
                                                                          t
                                                      o
                                                      payment
                                                                        o
                                                      f prescribed fee /
                                                      cost vide G.R
                                                      dtd. 16.05.2018.




                                                                                                                                                                                           Page 307
                                                                                                                                                                                           43
                                        IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL
                                                                   JURISDICTION
                                                        SUO MOTO WRIT PETITION NO. 1 OF 2024




IN RE: PERFORMANCE OF AUDIT OF THE MAHARASHTRA SLUM AREAS (IMPROVEMENT,
CLEARANCE AND REDEVELOPMENT) ACT, 1971.
                                                                                                              …Petitioner

                                         Versus
THE STATE OF MAHARASHTRA & ORS.
                                                                                                            …Respondents




                                                       SUGGESTIONS FOR SELECTION OF DEVELOPERS




                                                                                                                            Page 308
                                                                                                                            44
Sr.   Specific Issue /   Cause of the problem            Relevant existing       Proposed Measure / Solution                     Whether        Proposal for Legislative Reference Views and
No.   problem                                            Statutory                                                               Proposed       Reforms                             Suggestions of the
      identified                                         Section(s),                                                             Measure      /                                     SRA
                                                         Regulation(s),                                                          Solution
                                                         Rule(s),                                                                requires
                                                         Circular(s),                                                            amendment of
                                                         Guideline(s) and /                                                      law         by
                                                         or Judgment(s)                                                          Legislature
1.    Selection     of   The entitlement of a slum       Section 2(c-a) of the   Selection of a developer may be                 No.            SRA may devise a T-7               1. The      SRA        has
      developer          dweller is the rehabilitation   Slum Act read with      undertaken under supervision of a                              mechanism for selection               addressed a letter to
      through            unit (area of which is          Regulation 33(10)       designated authority, so as to ensure                          of developer under the                the               State
      proposed           prescribed by the State         VI 1.15                 transparency and avoid duplicity. This                         supervision             of            Government seeking
      auction process    Government from time to                                 will also address the concern of consents                      designated authority.                 approval            for
                         time) and rent or temporary                             being given by slum dwellers to multiple                                                             auctioning        slum
                         accommodation. Further,                                 developers and stalling the slum scheme.                       Basic criteria ought to be            schemes              on
                         Regulation      33(10)     of                                                                                          formulated to bid for                 government lands
                         DCPR 2034, also makes                                   Criteria may be introduced for selection of                    slum scheme depending                 which are stalled.
                         provision      of     certain                           a developer with respect to a slum scheme.                     upon the size of the slum,         2. So far as new slum
                         amenities that are to be                                Some of these criteria may depend upon                         built up area involved,               projects            are
                         made        available      to                           the cost of project in the slum                                project costs involved.               concerned on either
                         rehabilitation    buildings.                            rehabilitation scheme and total area to be                     Only such developers                  private              or
                         Hence, there is a lack of                               constructed. Only such developers ought                        ought to be permitted to              government lands,
                         biddable item basis which                               to be permitted to be selected who have                        be selected who have                  the     process      as
                         selection of a developer                                undertaken at least 3 projects in the last 10                  completed atleast 3                   specified under the
                         can be undertaken.                                      years involving similar costs, total area                      projects of similar scale,            DCPR 2034 shall be
                                                                                 and magnitude. Further, minimum net                            minimum net worth of                  followed, and in
                         Issuance of bid/tender may                              worth of the developer depending upon the                      the developer depending               projects where the
                         render the entire auction                               scale of the project and costs involved can                    upon the scale of the                 process of auction is
                         process susceptible to legal                            also be a criteria. It is submitted that only                  project      and     costs            possible, the same
                         challenge and various legal                             the developers who satisfy such a                              involved can also be a                shall be adopted.
                         proceedings by not only                                 stipulated criterion may be permitted to                       criteria. It is submitted          3. SRA        is      now
                         developers but also by slum                             submit their proposals for implementing a                      that only the developers              proposing to impose
                         dwellers and/or landowner.                              slum rehabilitation scheme.                                    who satisfy such a                    a     criteria      for
                                                                                                                                                stipulated criterion may              determining
                                                                                                                                                be permitted to submit                financial capacity
                                                                                                                                                their     proposals     for           and           technical
                                                                                                                                                implementing a slum                   capacity            for
                                                                                                                                                rehabilitation scheme.                selection            of
                                                                                                                                                                                      developers.




                                                                                                                                                                                                                Page 309
                                                                                                                                                                                                                45
Sr.   Specific Issue /   Cause of the problem        Relevant existing Proposed Measure / Solution                       Whether            Proposal for Legislative Reference Views and
No.   problem                                        Statutory                                                           Proposed           Reforms                            Suggestions of the
      identified                                     Section(s),                                                         Measure        /                                      SRA
                                                     Regulation(s),                                                      Solution
                                                     Rule(s),                                                            requires
                                                     Circular(s),                                                        amendment of
                                                     Guideline(s) and /                                                  law          by
                                                     or Judgment(s)                                                      Legislature
2.    Stalled projects   There exists several slum Section 2(c-a) of the It may be considered to appoint a               Yes. Proposed      The mechanism for            T-7   1.       The       State
                         projects which are stalled Slum Act             developer from a panel of developers            Measure        /   selection of a fresh               Government along with
                         and the developer who has                       who meet the minimum criteria such as           Solution require   developer as iterated              the SRA has prepared a
                         been selected has defaulted                     (i) only those developers who have              amendment of       above can be adopted.              panel of developers and
                         in implementation of the                        undertaken at least 3 projects in the last      law          by                                       tried to auction stalled
                         scheme and has been                             10 years involving similar costs, total         Legislature.       Selection of developer             projects     to    such
                         removed under section                           area and magnitude; (ii) minimum net                               under the supervision of           developers. However,
                         13(2) of the Slum Act.                          worth of the developer depending upon                              designated authority.              no proposals have been
                                                                         the scale of the project and costs                                                                    submitted by such
                                                                         involved.                                                          Only such developers               developers.
                                                                                                                                            ought to be permitted to
                                                                           It is submitted that only the developers                         be selected who have               2. Instead of a panel of
                                                                           who satisfy such a stipulated criterion may                      undertaken at least 3              developers, as stated
                                                                           be permitted to submit their proposals for                       projects in the last 10            above, the SRA is
                                                                           implementing a slum rehabilitation                               years involving similar            proposing to impose
                                                                           scheme.                                                          costs, total area and              selection criteria for
                                                                                                                                            magnitude.                         appointment           of
                                                                                                                                                                   Fu          developers which will
                                                                                                                                            rther, minimum net worth           ensure participation.
                                                                                                                                            of      the      developer
                                                                                                                                            depending upon the scale
                                                                                                                                            of the project and costs
                                                                                                                                            involved can also be a
                                                                                                                                            criteria. It is submitted
                                                                                                                                            that only the developers
                                                                                                                                            who satisfy such a
                                                                                                                                            stipulated criterion may
                                                                                                                                            be permitted to submit
                                                                                                                                            their     proposals    for
                                                                                                                                            implementing a slum
                                                                                                                                            rehabilitation scheme.




                                                                                                                                                                                                          Page 310
                                                                                                                                                                                                          46
Sr.   Specific Issue /      Cause of the problem            Relevant existing Proposed Measure / Solution                     Whether           Proposal for Legislative Reference Views and
No.   problem                                               Statutory                                                         Proposed          Reforms                            Suggestions of the
      identified                                            Section(s),                                                       Measure         /                                    SRA
                                                            Regulation(s),                                                    Solution
                                                            Rule(s),                                                          requires
                                                            Circular(s),                                                      amendment of
                                                            Guideline(s) and /                                                law            by
                                                            or Judgment(s)                                                    Legislature
3.    Limited or no         Since slum redevelopment                           Options      for    voluntary      in-situ     Amendment to                               T-6       1. Regulation
      options for slum      projects can only take place                       rehabilitation: After the provision of         the Slum Act; a                                         33(10) V of the
      dwellers in           if a developer comes                               improvement works, if slum-dwellers are        directive from                                          DCPR,        2034
      selection       of    forward to prepare a                               keen on redevelopment, two alternatives        the High Court                                          already    allows
      developers,           scheme, and a developer                            for voluntary slum rehabilitation may be       bringing slum                                           approved NGOs
      irregularities        will only come forward if                          offered: (a) redevelopment through a           rehabilitation                                          registered under
      and                   the scheme seems profitable                        voluntary organisation or a developer; (b)     schemes within                                          the Maharashtra
                      ill   – a large number of slum                           redevelopment through a public authority       the purview of                                          Public Charitable
      egalities in slum     rehabilitation projects do                         (SRA or MHADA, MMRDA).                         the RERA Act.                                           Trusts Act, 1961
      schemes               not start or stall mid-way                                                                        Directive      on                                       and the Societies
                            because developers find                              Lease of slum land to slum dwellers’         lines of 79(A) of                                       Registration Act,
                            them financially unviable.                           cooperatives before redevelopment:           the Cooperative                                         1960 for at least
                                                                                 One of the reasons for regulatory capture    Societies Act for                                       for the last five
                            Slum         redevelopment                           is that the slum dweller cooperatives have   Slum                                                    years           to
                            projects for developers are                          a weak financial as well as bargaining       Redevelopment                                           redevelop Slum
                            driven by business interests,                        position with respect to the developer and   projects.                                               Rehabilitation
                            and unlike redevelopment of                          the authorities. If the government is                                                                Areas.
                            CESSED       buildings    or                         serious about improving the condition of
                            cooperative societies, slum                          slum dwellers, it would consider leasing                                                            2. SPARC,           an
                            dwellers have very little                            slum land to slum-dwellers cooperatives,                                                               NGO, has already
                            bargaining power vis a vis                           which will allow the society to then be on                                                             been carrying out
                            developer. There have been                           an equal footing with the developer. If                                                                a             slum
                            numerous        documented                           slum-dwellers are unable to engage a                                                                   rehabilitation
                            studies     of     bullying,                         developer, they will be in a position to                                                               scheme.       SRA
                            intimidation and coercion                            secure loan finance for taking up self-                                                                also provides 5%
                            by promoters over slum                               development as owners of land.                                                                         additional     sale
                            dwellers.                                                                                                                                                   FSI to        such
                                                                                                                                                                                        schemes.       The
                                                                                 Protocol for Slum Redevelopment                                                                        CEO also has the
                                                                                 projects on lines of the Co-op society                                                                 powers to entrust
                                                                                 redevelopment directive: Slum dwellers’                                                                the          Slum
                                                                                 cooperatives can then engage developers                                                                Rehabilitation
                                                                                 as land owners, and the guidelines                                                                     Scheme           to
                                                                                 modeled on the directive issued under the                                                              agencies such as
                                                                                 Cooperative Societies Act 79(A) can be                                                                 the      MHADA
                                                                                 made applicable to slum redevelopment                                                                  MMRDA.           In
                                                                                 projects.                                                                                              fact, 228 schemes
                                                                                                                                                                                        have          been
                                                                                                                                                                                        allocated        to
                                                                                                                                                                                        public authorities
                                                                                                                                                                                        like the MCGM,
                                                                                                                                                                                        CIDCO,
                                                                                                                                                                                        MahaPREIT,
                                                                                                                                                                                        MHADA,



                                                                                                                                                                                                              Page 311
                                                                                                                                                                                                              47
Sr.   Specific Issue /    Cause of the problem          Relevant existing Proposed Measure / Solution                Whether        Proposal for Legislative Reference Views and
No.   problem                                           Statutory                                                    Proposed       Reforms                            Suggestions of the
      identified                                        Section(s),                                                  Measure      /                                    SRA
                                                        Regulation(s),                                               Solution
                                                        Rule(s),                                                     requires
                                                        Circular(s),                                                 amendment of
                                                        Guideline(s) and /                                           law         by
                                                        or Judgment(s)                                               Legislature
                                                                                                                                                                          MSRDC         and
                                                                                                                                                                          MMRDA under
                                                                                                                                                                          the joint venture
                                                                                                                                                                          policy which will
                                                                                                                                                                          complete
                                                                                                                                                                          allotment      of
                                                                                                                                                                          2,18,931
                                                                                                                                                                          tenements within
                                                                                                                                                                          three years.

                                                                                                                                                                         3. Leasing
                                                                                                                                                                            government land
                                                                                                                                                                            to slum dwellers
                                                                                                                                                                            will not lead to
                                                                                                                                                                            transfer       of
                                                                                                                                                                            ownership and
                                                                                                                                                                            therefore,    not
                                                                                                                                                                            affect bargaining
                                                                                                                                                                            powers of the
                                                                                                                                                                            slum dwellers.


4.    Developers          Reduction of consent from 33 (10) VI 1.15,       Restoration of 71% consent of the eligible Yes                                    T-6        1. Circular   144D
      easily              71% to 51% of the eligible DCPR, 2034            slum dwellers. Withdrawal of the                                                                adequately
      manipulate the      occupants.                                       provision which reduces the 71% criteria                                                        addresses    this
      slum scheme by                                                       from DCPR 2034.                                                                                 issue.
      fraudulently
      showing                                                                                                                                                           2. On          forged
      the      required                                                                                                                                                    consent, please
      consent of the                                                                                                                                                       refer    to    the
      slum                                                                                                                                                                 response in point
      dwellers.                                                                                                                                                            9 Table 2.
5.    Transferring        These Developers make         GR           dated Lease agreement must be signed b/w the Yes                                        T-6       1. As       for      the
      SRA schemes to      fraudulent Annexure III       25.05.2022         slum dwellers and land-owning authority                                                         apprehension on
      different           submissions to the SRA and                       with a clause stating that no encumbrances                                                      fraudulent
      developers          the SRA approves their        GR           dated should be created on the land and any                                                           Annexure-III, in no
      without             proposals without proper      09.12.2022         changes / alteration in the scheme should                                                       case has the SRA
                     th   verification     of   their                      first get approved by the majority of slum                                                      come across a
      e                   financial standing.           GR           dated dwellers, SRA and land-owning authority.                                                        fraudulent
      permission of                                     07.06.2022         The agreement should clearly specify the                                                        Annexure-III.
      SRA:       When                                                      project completion timeline, whether
      Developers who                                                       transit housing or rent will be provided,                                                   2.   So far as the
      don’t have the                                                       and the exact amount of rent, if applicable.                                                     apprehension that
      financial                                                            Additionally, the layout plan and terms                                                          the developer is



                                                                                                                                                                                                  Page 312
                                                                                                                                                                                                  48
Sr.   Specific Issue /   Cause of the problem     Relevant existing Proposed Measure / Solution                  Whether        Proposal for Legislative Reference Views and
No.   problem                                     Statutory                                                      Proposed       Reforms                            Suggestions of the
      identified                                  Section(s),                                                    Measure      /                                    SRA
                                                  Regulation(s),                                                 Solution
                                                  Rule(s),                                                       requires
                                                  Circular(s),                                                   amendment of
                                                  Guideline(s) and /                                             law         by
                                                  or Judgment(s)                                                 Legislature
      standing                                                       and conditions agreed upon with the SRA                                                          incapable        of
      to                                                             must be fully disclosed to the slum                                                              executing a slum
      execute      the                                               dwellers    to    ensure    transparency                                                         scheme, as stated
      project      get                                               throughout the process.                                                                          above,    selection
      approval from                                                                                                                                                   criteria        for
      SRA, they either                                                                                                                                                developers      are
      appoint another                                                                                                                                                 being proposed.
      developer to
      execute      the                                                                                                                                              3.   Executing a lease
      scheme or sell                                                                                                                                                     agreement      with
      the project to                                                                                                                                                     slum dwellers will
      make undue                                                                                                                                                         in no way further
      profits.                                                                                                                                                           the execution of
                                                                                                                                                                         the            slum
                                                                                                                                                                         rehabilitation
                                                                                                                                                                         scheme.
                                                                                                                                                                    4.   The       necessary
                                                                                                                                                                         clauses           as
                                                                                                                                                                         suggested        are
                                                                                                                                                                         already
                                                                                                                                                                         incorporated in the
                                                                                                                                                                         individual
                                                                                                                                                                         agreements
                                                                                                                                                                         between the slum
                                                                                                                                                                         dwellers and the
                                                                                                                                                                         developer.
                                                                                                                                                                    5.   The SRA has now
                                                                                                                                                                         started an online
                                                                                                                                                                         building        plan
                                                                                                                                                                         approval system so
                                                                                                                                                                         that all the details
                                                                                                                                                                         of buildings will be
                                                                                                                                                                         available to the
                                                                                                                                                                         public.

6.    Multiple          No clarity in the laws.                       There must be a time limit within which    This can be                             T-6        1.   In so far as
      Developers                                                      the project should be completed. During    done by issuing                                         submission        of
      submit                                                          this period, no changes to the developer   Notifications/R                                         proposal          is
      proposals for the                                               should be allowed, and no new developers   esolutions/                                             concerned, at one
      same         slum                                               should be introduced unless the approved   directives.                                             time, only one
      rehabilitation                                                  developer fails to comply with the terms                                                           proposal          is
      scheme creating                                                 and conditions of the agreement.                                                                   considered by the
      confusion, delay                                                                                                                                                   SRA in accordance
      and conflict.                                                                                                                                                      with the decision in



                                                                                                                                                                                                Page 313
                                                                                                                                                                                                49
Sr.   Specific Issue /   Cause of the problem          Relevant existing Proposed Measure / Solution                     Whether        Proposal for Legislative Reference Views and
No.   problem                                          Statutory                                                         Proposed       Reforms                            Suggestions of the
      identified                                       Section(s),                                                       Measure      /                                    SRA
                                                       Regulation(s),                                                    Solution
                                                       Rule(s),                                                          requires
                                                       Circular(s),                                                      amendment of
                                                       Guideline(s) and /                                                law         by
                                                       or Judgment(s)                                                    Legislature
                                                                                                                                                                              the    case     of
                                                                                                                                                                              Awadesh Tiwari.


                                                                                                                                                                           2.   As regards, the
                                                                                                                                                                                time     limit    of
                                                                                                                                                                                completion,
                                                                                                                                                                                timelines within
                                                                                                                                                                                which the project
                                                                                                                                                                                has       to      be
                                                                                                                                                                                completed          is
                                                                                                                                                                                already mentioned
                                                                                                                                                                                in the LOI issued
                                                                                                                                                                                by the SRA. The
                                                                                                                                                                                option to change
                                                                                                                                                                                developers      was
                                                                                                                                                                                introduced        to
                                                                                                                                                                                tackle situations
                                                                                                                                                                                where developers
                                                                                                                                                                                wouldn’t       meet
                                                                                                                                                                                their        project
                                                                                                                                                                                obligations
                                                                                                                                                                                including payment
                                                                                                                                                                                of transit rent.
                                                                                                                                                                                However, if the
                                                                                                                                                                                developer          is
                                                                                                                                                                                paying rent on time
                                                                                                                                                                                and/ or carrying
                                                                                                                                                                                out work as per the
                                                                                                                                                                                schedule submitted
                                                                                                                                                                                by him, then no
                                                                                                                                                                                new developer is
                                                                                                                                                                                appointed.

7.    Financial       Many projects are stalled                           All government authorities should become                                               T-6       1. On allowing land
      capacity of the due to the financial                                the developers on their land allowing the                                                           owning authorities
      builder         incapacity of builders to                           creation of redeveloped as well as project                                                          to      carry      out
                      complete the project or                             affected tenements in the city. There must                                                          rehabilitation
                      provide transit rent (as per a                      be full disclosure of the land available and                                                        schemes,        please
                      recent news article transit                         the land required for housing to ensure                                                             refer to the response
                      rent exceeds 1000 crore                             transparency in the project. Competent                                                              in point 9 of Table
                      rupees). Lives of slum                              authorities should take full responsibility                                                         no. 1.
                      dwellers are destroyed when                         along with builders if project fails due to
                      builders stall the project or                       financial incapabilities as they approve                                                         2. As of date, the SRA



                                                                                                                                                                                                        Page 314
                                                                                                                                                                                                        50
Sr.   Specific Issue /   Cause of the problem           Relevant existing Proposed Measure / Solution                   Whether        Proposal for Legislative Reference Views and
No.   problem                                           Statutory                                                       Proposed       Reforms                            Suggestions of the
      identified                                        Section(s),                                                     Measure      /                                    SRA
                                                        Regulation(s),                                                  Solution
                                                        Rule(s),                                                        requires
                                                        Circular(s),                                                    amendment of
                                                        Guideline(s) and /                                              law         by
                                                        or Judgment(s)                                                  Legislature
                         stop transit rent due to lack                     financial plans of developers.                                                                  is already taking
                         of     sufficient    finances.                                                                                                                    responsibility    for
                         Authorities don't examine                         A forensic audit should be done of the                                                          schemes where the
                         the     builder’s    financial                    proposed Developers to ascertain their                                                          developer does not
                         capacities properly and                           financial viability.                                                                            perform by changing
                         housing society committee                                                                                                                         the developer under
                         members         often      get                    Developers who default on paying transit                                                        Section 13(2).
                         corrupted and allow the                           rent should be excluded from the scheme,
                         project to start. This                            and the SRA should assume the                                                                   3. Conducting          a
                         situation has stalled nearly                      responsibility for completing the project.                                                         forensic audit of the
                         500 projects.                                     Circular 210 states that developers who                                                            developers is not
                                                                           are marked as defaulters in paying                                                                 required given the
                                                                           transit rent to the slum dwellers in the                                                           criteria          for
                                                                           previous projects should be marked as                                                              appointment        of
                                                                           blacklisted and be refrained from                                                                  developers is under
                                                                           taking up new projects. This should be                                                             consideration of the
                                                                           extended to their sister companies/                                                                SRA.
                                                                           concerns and also family members.
                                                                                                                                                                           4. The SRA is already
                                                                                                                                                                              changing developers
                                                                                                                                                                              who are not paying
                                                                                                                                                                              transit rent. The
                                                                                                                                                                              developer is also not
                                                                                                                                                                              eligible to submit a
                                                                                                                                                                              new scheme till the
                                                                                                                                                                              outstanding rent is
                                                                                                                                                                              cleared     as    per
                                                                                                                                                                              Circular 210.

                                                                                                                                                                           5. Henceforth, the SRA
                                                                                                                                                                              will also temporarily
                                                                                                                                                                              suspend associated
                                                                                                                                                                              enterprises or related
                                                                                                                                                                              parties of errant
                                                                                                                                                                              developers until the
                                                                                                                                                                              outstanding rent is
                                                                                                                                                                              cleared.

                                                                                                                                                                           6. On blacklisting of
                                                                                                                                                                              developers, the SRA
                                                                                                                                                                              is       considering
                                                                                                                                                                              formulating a policy.




                                                                                                                                                                                                       Page 315
                                                                                                                                                                                                       51
Sr.   Specific Issue /   Cause of the problem    Relevant existing Proposed Measure / Solution                    Whether        Proposal for Legislative Reference Views and
No.   problem                                    Statutory                                                        Proposed       Reforms                             Suggestions of the
      identified                                 Section(s),                                                      Measure      /                                     SRA
                                                 Regulation(s),                                                   Solution
                                                 Rule(s),                                                         requires
                                                 Circular(s),                                                     amendment of
                                                 Guideline(s) and /                                               law         by
                                                 or Judgment(s)                                                   Legislature
8.    Concessions/  Concessions are being given 33(10) VIII        6, Heavy penalties should be imposed on                                                T-6       1. So far as imposition
      Amnesty Given to the developers by DCPR, 2034.                  developers who have defaulted to make                                                            of     penalties     is
      to Developers handing over public land to                       good the terms and conditions of the                                                             concerned, the SRA
                    them. Instead of penalizing Government            development agreement – if they have                                                             will     address      a
                    the defaulting developers, resolution       dated been found to be in non-compliance of it.                                                        representation to the
                    who are unable to complete 07.06.2022,         to                                                                                                  State Government
                    the Rehabilitation Schemes implement amnesty Developers should be backlisted in case of                                                            for reduction of
                    even after 10-15 years, they scheme to complete default.                                                                                           incentive sale FSI.
                    are being gifted the amnesty stalled         SRA                                                                                                   The SRA is also
                    scheme.                      Schemes.             There should be an empaneled list of                                                             considering
                                                                      developers who have a track record of                                                            increasing         the
                    This is because SRA                               completing SRA projects on time, and                                                             quantum of bank
                    schemes, over the years, Government               only when due background check is done,                                                          guarantees        and
                    have become profit centric, resolution      dated developers should be given projects.                                                             forfeiture thereof.
                    instead of being viewed as a 25.05.2022,
                    necessary process to ensure regarding measure The procedure should be similar to the one                                                            2. On blacklisting of
                    right to housing of the to be taken to provided for selecting a developer under                                                                        developers, the SRA
                    affected slum dwellers.      complete     stalled the Maharashtra Co-operative Societies                                                               is       considering
                                                 slum rehabilitation Act.                                                                                                  formulating a policy.
                                                 schemes.
                                                                                                                                                                        3. On empanelment of
                                                   Government                                                                                                              developers please
                                                   Resolution      dated                                                                                                   refer to response in
                                                   09.12.2022,                                                                                                             point 2 in Table No.
                                                   regarding      taking                                                                                                   3.
                                                   measure to complete
                                                   stalled          slum
                                                   rehabilitation
                                                   schemes.

                                                   Circular Number
                                                   216        by      the
                                                   Engineering
                                                   department dated
                                                   21.02.2024 by way
                                                   of which the defect
                                                   liability period from
                                                   3 to 10 years.




                                                                                                                                                                                                   Page 316
                                                                                                                                                                                                   52
Sr.   Specific Issue /   Cause of the problem     Relevant existing Proposed Measure / Solution              Whether             Proposal for Legislative Reference Views and
No.   problem                                     Statutory                                                  Proposed            Reforms                            Suggestions of the
      identified                                  Section(s),                                                Measure         /                                      SRA
                                                  Regulation(s),                                             Solution
                                                  Rule(s),                                                   requires
                                                  Circular(s),                                               amendment of
                                                  Guideline(s) and /                                         law           by
                                                  or Judgment(s)                                             Legislature
9.    Handful         Some member of the society                     Development to be done by appointing    Necessary           Development   through T-1           Seeking consent is a
      members of the are feed by the Developer to                    contractor by E-Tender process as       amendments in       developer should be                 mandatory and crucial
      society decide appoint them as developer                       followed by the MHADA, MMRDA in         the       current   terminated.                         part of the slum
      the faith of    for the Project                                Public infrastructure projects etc.     legislation    is                                       rehabilitation process.
      every members                                                                                          required.                                               Additionally, where
      of the Society.                                                                                                                                                the owners have failed
                                                                                                                                                                     or projects have been
                                                                                                                                                                     stalled, the SRA is
                                                                                                                                                                     considering issuance
                                                                                                                                                                     of tenders for ward-
                                                                                                                                                                     wise clusters of slum
                                                                                                                                                                     pockets for which the
                                                                                                                                                                     developer will be
                                                                                                                                                                     appointed through e –
                                                                                                                                                                     tendering.
10.   Financial        Relaxation in financial        SOP present   Power of the CEO SRA for relaxation in Required            Power of the CEO SRA T-1             1. There is no SOP
      capacity check.  capacity norms by chief                      financial capacity of developer should be amendment     in need to be curtailed for                present for relaxing
                       executive office and finance                 abolished.                                current          relaxing the conditions                 financial capacity
      Relaxation    in controller.                                                                            legislation      while granting LOI e.g.                 norms by the CEO.
      mandatory                                                     Disciplinary action should be initiated                    Fire NOC, Environment                   Financial capacity is
      conditions    of                                              against the officer not following the law                  NOC,          Playground                and       will    be
      LOI                                                                                                                      reservation,      Airport               ascertained for all
                                                                                                                               authority    NOC     etc.               projects.
                                                                                                                               conditions are relaxed
                                                                                                                               without verifying the                2. All norms as to fire
                                                                                                                               consequences of his act                 NOC,
                                                                                                                                                                       environmental
                                                                                                                                                                       clearances, airport
                                                                                                                                                                       restrictions       are
                                                                                                                                                                       strictly adhered to.
                                                                                                                                                                       Relaxations         as
                                                                                                                                                                       regards       building
                                                                                                                                                                       constructions      are
                                                                                                                                                                       made only as per
                                                                                                                                                                       clause     6.17     of
                                                                                                                                                                       Regulation 33(10) of
                                                                                                                                                                       the DCPR. These
                                                                                                                                                                       relaxations are made
                                                                                                                                                                       only to make the
                                                                                                                                                                       scheme feasible with
                                                                                                                                                                       reasons      to     be
                                                                                                                                                                       recorded in writing.

                                                                                                                                                                    3. On       disciplinary



                                                                                                                                                                                                Page 317
                                                                                                                                                                                                53
Sr.   Specific Issue /    Cause of the problem            Relevant existing Proposed Measure / Solution                    Whether        Proposal for Legislative Reference Views and
No.   problem                                             Statutory                                                        Proposed       Reforms                            Suggestions of the
      identified                                          Section(s),                                                      Measure      /                                    SRA
                                                          Regulation(s),                                                   Solution
                                                          Rule(s),                                                         requires
                                                          Circular(s),                                                     amendment of
                                                          Guideline(s) and /                                               law         by
                                                          or Judgment(s)                                                   Legislature
                                                                                                                                                                              action against errant
                                                                                                                                                                              officers, please refer
                                                                                                                                                                              to the response in
                                                                                                                                                                              Point 5(5) in Table
                                                                                                                                                                              1.


11.   In terms of         Clause 1.15 of Appendix-VI   Section 13 (1) of the As clause 1.15 of Appendix VI of              A         suitable   After proviso appearing T-5    The State Government
      section 13 (1) of   of Regulation 33 (10) of     Slum Act              Regulation 33(10) of DCPR 2034 is not         Amendment of         in DCPR 33(10),                will suggest the State
      the Slum Act, a     DCPR 2034 imposed a                                made applicable to the Government             clause 1.15 of       Appendix-VI         clause     Legislature to waive
      private             restriction      on      the Clause 1.15 of agencies, in a similar manner this clause            Appendix-VI of       1.15,   the     following      the             consent
      landowner gets      unqualified      preferentialAppendix-VI        of should also be made inapplicable to the       Regulation 33        second proviso may be          requirement for slum
      an unqualified      right     given     to   the Regulation 33 (10)    landowners developing their property by       (10) of DCPR         considered to be inserted:     rehabilitation schemes
      right to submit a   landowners to implement a    of DCPR 2034          implementing      Slum      Rehabilitation    2034 to do away                                     on privately – owned
      Slum                slum rehabilitation scheme.                        Scheme by exercising the preferential         the requirement      “Provided further that         lands as well.
      Rehabilitation                                   Circular 144A         rights envisaged under section 13(1) of the   of     obtaining     nothing contained herein
      scheme         in                                                      Chapter IA of the Slum Act.                   requisite            shall apply to Slum
      respect of its      This is because a landowner Section 158 of                                                       consents of slum     Rehabilitation    scheme
      own property        may not be able to obtain MRTP, 1966                                                             dwellers when a      being undertaken by
      within a period     requisite consents from the                                                                      landowner       is   private landowners on its
      of 120 days         slum dwellers from his                                                                           implementing         own property or land in
      from the date of    property for various reasons                                                                     the         Slum     terms of Section 13 (1) of
      declaration         including but not limited to                                                                     Rehabilitation       Chapter IA of the Slum
      of the land as      the malicious intent of slum                                                                     Scheme.              Act”
      Slum                dwellers to appoint a
      Rehabilitation      Developer of their own
      Area.               choice

      The section does
      not       require
      landowner      to
      obtain consent
      of slum dwellers
      and or society of
      slum dwellers
      for
      implementing a
      slum
      rehabilitation
      scheme.

      However, under
      Regulation
      33(10) of DCPR



                                                                                                                                                                                                         Page 318
                                                                                                                                                                                                         54
Sr.   Specific Issue /     Cause of the problem   Relevant existing Proposed Measure / Solution   Whether        Proposal for Legislative Reference Views and
No.   problem                                     Statutory                                       Proposed       Reforms                            Suggestions of the
      identified                                  Section(s),                                     Measure      /                                    SRA
                                                  Regulation(s),                                  Solution
                                                  Rule(s),                                        requires
                                                  Circular(s),                                    amendment of
                                                  Guideline(s) and /                              law         by
                                                  or Judgment(s)                                  Legislature
      2034,     clause
      1.15          of
      Appendix-VI
      developer     is
      required      to
      submit consent
      of 51% of slum
      dwellers from
      the property.

      This condition
      prescribed
      under the DCR
      of     obtaining
      slum dwellers’
      consent        for
      implementing
      Slum
      Rehabilitation
      Scheme often
      impedes       the
      landowner’s
      preferential
      right
      (contemplated
      under Section
      13(2) of the
      Slum Act) as
      land owner may
      find it difficult
      to    obtain
      consents of slum
      dwellers.

      Failure to obtain
      requisite
      consents may
      also result in
      cancellation of
      LOI which is as
      good           as
      depriving     the
      landowner of his
      valuable right of



                                                                                                                                                                         Page 319
                                                                                                                                                                         55
Sr.   Specific Issue /    Cause of the problem            Relevant existing Proposed Measure / Solution                  Whether        Proposal for Legislative Reference Views and
No.   problem                                             Statutory                                                      Proposed       Reforms                            Suggestions of the
      identified                                          Section(s),                                                    Measure      /                                    SRA
                                                          Regulation(s),                                                 Solution
                                                          Rule(s),                                                       requires
                                                          Circular(s),                                                   amendment of
                                                          Guideline(s) and /                                             law         by
                                                          or Judgment(s)                                                 Legislature
      enjoying the
      benefits      of
      ownership of his
      land.



12.   As per Circular     The cause of the problem is Circular 144           This problem can very well be addressed     Yes. Necessary No.                      T-5        The SRA will impose
      144 issued by       on account of the fact that                        by laying down guidelines that will         guidelines can                                     strict deadlines for
      SRA,          a     currently there are no                             require SRA departments to scrutinize the   be laid down                                       each department to
      Developer      is   guidelines stipulated either                       proposals and issue letter of rejection /   under Section                                      finalize their remarks
      required      to    under the statute or                               acceptance in a time bound manner.          3V of the Slum                                     on proposals under
      submit          a   regulation or circular that                                                                    Act.                                               Circular 144 and
      proposal in a       requires SRA department to                                                                                                                        144A.
      manner              process proposals in a time
      stipulated          bound manner.
      thereunder.
      As per       the    Therefore, faulty proposals
      prevailing          though prima facie appear,
      practice,       a   complete often kept under
      Developer      is   consideration             for
      required      to    inordinately long period.
      submit
      Annexures-I to      Such issues often result in
      V along with its    delay in implementing the
      proposal.           S.R. Scheme.

      Such proposals      More so, in view of the
      are     to   be     principles of law laid down
      submitted with      by our Court in various
      the Chief Clerk     judgments       simultaneous
      of    SRA           filing of proposals for same
            who           slum pocket is also barred.
      thereafter
      forwards            Therefore, unless a proposal
      proposal      to    filed is rejected after a
      various             scrutiny, no subsequent
      departments for     proposals       can      be
      obtaining           entertained.
      necessary
      NOCs.
                          This practice sometimes
      It is upon          block genuine proposals at
      receipt of all      the instance of malafidely



                                                                                                                                                                                                     Page 320
                                                                                                                                                                                                     56
Sr.   Specific Issue /    Cause of the problem     Relevant existing Proposed Measure / Solution   Whether        Proposal for Legislative Reference Views and
No.   problem                                      Statutory                                       Proposed       Reforms                            Suggestions of the
      identified                                   Section(s),                                     Measure      /                                    SRA
                                                   Regulation(s),                                  Solution
                                                   Rule(s),                                        requires
                                                   Circular(s),                                    amendment of
                                                   Guideline(s) and /                              law         by
                                                   or Judgment(s)                                  Legislature
           such        filed prior proposals and
      NOCs of 5 block the entire scheme.
      departments, the
      Executive
      Engineer
      analyses
      /examines
      proposals and
      prepares Letter
      of Acceptance /
      Rejection of the
      Proposals.


      Currently, there
      is no time limit
      which requires
      the SRA to
      analyze
      proposals filed
      and
      communicate its
      decision
      regarding
      acceptance or
      rejection of the
      proposals.

      This more often
      than         not
      culminates into
      delay          in
      implementing
      the        Slum
      Rehabilitation
      Scheme.




                                                                                                                                                                          Page 321
                                                                                                                                                                          57
13.   It is under the      Under the current statutory    Clauses 1.14 and      As per the current regulations, in the        Appendix-VI of    Appendix-VI           of T-5    Please refer to the
      current scheme       provisions and as per          1.15 of Appendix-     process of implementing a Slum                Regulation        Regulation 33(10) of            response in Point 1 in
      of things, a right   Regulation 33(10) of DCPR      VI of Regulation 33   Rehabilitation scheme, an absolute and        33(10) of DCPR    DCPR 2034 will have to          Table No. 3.
      to       appoint     2034, slum dwellers are        (10) of DCPR 2034     complete right to choose a developer is       2034 will have    be suitably modified to
      Developer       to   vested with power to                                 given to slum societies of slum dwellers      to be suitably    introduce the process of
      implement the        appoint a Developer.                                 albeit with the approval of SRA. This         modified to       tendering, bidding and
      Slum                                                                      often results into infightings and inter se   introduce the     choosing of a developer.
      Rehabilitation       This power is often misused                          bidding between the Developers who are        process      of
      Scheme               as it is quite easy to                               preferred by two factions of slum dwellers    tendering,        In order to ensure that
              is           manipulate the loyalties of                          from the same society. Such method does       bidding     and   participation of societies
      entirely vested      slum dwellers.                                       not only create unhealthy competition and     choosing of a     in the process of
      with majority of                                                          rivalry between two factions of same slum     developer.        appointing a developer is
      slum               Because of the exclusive                               society but also triggers various malafide                      either         completely
      dwellers           right given to the slum                                means to achieve desired objectives.                            eradicated or minimized,
      residing on a      Societies which is often                                                                                               it is necessary that a
      piece of plot      misused many a times, third                            In order to ensure that participation of                        developer to implement
      which is to be     party developers interject /                           societies in the process of appointing a                        S.R Scheme is appointed
      developed.         interfere in the SR schemes                            developer is either completely eradicated                       directly by SRA (without
                         (by manipulating slum                                  or minimized, it is necessary that a                            any intervention from
      This         often dwellers) to take over the                             developer to implement a piece and parcel                       slum      dwellers)       by
      results in inter Project.                                                 of any land is appointed directly by SRA                        adopting      fair      and
      se        fighting                                                        (without any intervention from slum                             transparent bidding
      amongst            Such competition between                               dwellers) by adopting fair and transparent                      method. This is because,
      factions of slum the Developers often results                             bidding method. This is because, it is                          it is immaterial for a slum
      dwellers over in lengthy litigation that                                  immaterial for a slum dweller developer if                      dweller if Developer A or
      the choice of goes on for years altogether                                Developer A or Developer B is                                   Developer         B        is
      developer.         thereby           irreversibly                         implementing a Slum Rehabilitation                              implementing a Slum
                         prejudicing the legislative                            Scheme.                                                         Rehabilitation Scheme.
                         object behind the slum
      This inter se schemes.                                                    Further, while adopting a method of                             Further, while adopting a
      fighting      very                                                        choosing a developer by direct bidding                          method of choosing a
      often results                                                             process the following parameters can be                         developer by direct
      into           the                                                        kept in mind.                                                   bidding process the
      proceedings for                                                                                                                           following parameters can
      termination of                                                            Annexure-II of Slum Dwellers be                                 be kept in mind.
      developer. Due                                                            prepared by competent authority on an
      to           such                                                         application of a slum society seeking                           Annexure-II of Slum
      proceedings, it                                                           rehabilitation.                                                 Dwellers be prepared by
      is seen that slum                                                                                                                         competent authority on
      schemes        get                                                        A report of Executive Engineer SRA                              an application of a slum
      completely                                                                setting out development potential and                           society        seeking
      derailed       for                                                        other statutory requisites (such as title,                      rehabilitation.
      years altogether                                                          access, FSI available and details of
      owing to the                                                              Annexure II and PAPs to be generated) of                        A report of Executive
      pendency        of                                                        land to be redeveloped be formulated                            Engineer SRA setting out
      litigation.                                                               before inviting bids and be included in and                     development      potential
                                                                                made a part of tender document to be                            and     other    statutory
                                                                                published for inviting bids.                                    requisites (such as title,
                                                                                                                                                access, FSI available and
                                                                                The report of Executive Engineer shall                          details of Annexure II
                                                                                also refer to a list of NOCs of various                         and     PAPs      to    be
                                                                                departments to be obtained by a successful                      generated) of land to be



                                                                                                                                                                                                         Page 322
                                                                                                                                                                                                         58
bidder for the purpose of implementing the   redeveloped             be
scheme.                                      formulated          before
                                             inviting bids and be
The terms and conditions of tenders must     included in and made a
essentially highlight period of completion   part of a tender document
of the project in a Phase wise manner to     to be published for
ensure timely rehabilitation of slum         inviting bids.
dwellers.
                                             The report of Executive
                                             Engineer shall also refer
                                             to a list of NOCs of
                                             various departments to be
                                             obtained by a successful
                                             bidder for the purpose of
                                             implementing          the
                                             scheme.

                                             The terms and conditions
                                             of      tenders       must
                                             essentially      highlight
                                             period of completion of
                                             the project in a Phase
                                             wise manner so as to
                                             ensure              timely
                                             rehabilitation of slum
                                             dwellers.




                                                                          Page 323
                                                                          59
Sr.   Specific Issue /   Cause of the problem            Relevant existing      Proposed Measure / Solution               Whether        Proposal for Legislative Reference Views and
No.   problem                                            Statutory                                                        Proposed       Reforms                             Suggestions of the
      identified                                         Section(s),                                                      Measure      /                                     SRA
                                                         Regulation(s),                                                   Solution
                                                         Rule(s),                                                         requires
                                                         Circular(s),                                                     amendment of
                                                         Guideline(s) and /                                               law         by
                                                         or Judgment(s)                                                   Legislature
14.   Deprivation of a   Slumdwellers / societies of     Indian Cork Mills vsThe preferential right of a private NO.                      Once       a      private T-3     1. The     issue     as
      Landowner in       slumdwellers/       occupants   State             oflandowner ought to translate into the                       landowner exercises the               regards          the
      developing his     unnecessarily create hurdles    Maharashtra (2017   following: –                                                right to redevelop his                preferential rights
      own land due to    and hinder a Landowner          SCC Online Bom                                                                  own land, in addition to              of the owners and
      unnecessary        from redeveloping his own       2744)               The right that private property will not be                 that option first being               the        interplay
      interference       land, despite slumdweller’s                         acquired by the State Government under                      offered to him as his                 between Section
      from               in most cases not having any    Bishop        John section 14 of the Slum Act unless all the                    right, by virtue of being             13(1) and Section
      slumdwellers /     title to the land but merely    Rodrigues V/s State requirements of that section are met, and                   the landowner, there                  14 is subjudice
      society       of   being entitled to tenements     of     Maharashtra                                                              must be some additional               before the Hon’ble
      slumdwellers       by virtue of their possessory   (2024 SCC Online    A positive right as a landowner to be                       tangible and procedural               Supreme Court in
      and occupants.     rights.                         Bom 1632)           granted the right of firs..t refusal to                     benefits     which     the            the case of Bishop
                                                                             redevelop the land and rehabilitate the                     landowner will get to                 John      Rodrigues
                                                                             slumdwellers in accordance with law.                        facilitate                            V/s     State     of
                                                                                                                                                                 th            Maharashtra.
                                                                             In the case of land belonging to private                    e
                                                                             landowners, the societies of slum                           implementation of the              2. As          regards,
                                                                             dwellers/occupants should have NO right                     object of the Slum Act,               compensation
                                                                             to appoint or not have say in appointing the                i.e. to rehouse the slum              under Section 17, a
                                                                             developer to undertake the slum                             dwellers and to redevelop             statutory
                                                                             rehabilitation     project,    unless    the                his own land like                     amendment would
                                                                             landowner expresses his inability to                        simplification          of            be needed.
                                                                             undertake a Slum Rehabilitation Scheme                      procedure since it is
                                                                             and till the land is acquired by the SRA                    exceedingly difficult for
                                                                             under section 14 of the Slum Act.                           individual and private
                                                                                                                                         landowners to redevelop
                                                                             It is respectfully submitted that the                       their own properties.
                                                                             sequence in which the option of                             Hence, positive steps
                                                                             undertaking a redevelopment project on                      ought to be taken and
                                                                             private land ought to be as explained                       prescribed which will act
                                                                             hereunder: –                                                as an incentive to private
                                                                                                                                         landowners to participate
                                                                             The first option should be given to the                     in slum rehabilitation
                                                                             landowner himself to undertake the                          projects on private land.
                                                                             redevelopment project, either, by himself,                  These may be in the form
                                                                             or by appointing a developer of his choice                  of statutory amendments
                                                                             who will undertake the redevelopment                        or regulations, as may be
                                                                             project on his behalf. Needless to state,                   thought appropriate.
                                                                             there must be adequate safeguards to
                                                                             ensure that all eligible occupants whose                    Section 17 of the Slum
                                                                             names appear in Annexure II will get the                    Act should be amended
                                                                             tenements on redevelopment. It is                           to provide that the
                                                                             necessary to give a complete go by to the                   compensation under sec
                                                                             right which the Occupants/ Slumdwellers                     17 should be calculated
                                                                             have to appoint a developer when the                        in accordance with the



                                                                                                                                                                                                      Page 324
                                                                                                                                                                                                      60
Sr.   Specific Issue /   Cause of the problem   Relevant existing Proposed Measure / Solution                      Whether        Proposal for Legislative Reference Views and
No.   problem                                   Statutory                                                          Proposed       Reforms                            Suggestions of the
      identified                                Section(s),                                                        Measure      /                                    SRA
                                                Regulation(s),                                                     Solution
                                                Rule(s),                                                           requires
                                                Circular(s),                                                       amendment of
                                                Guideline(s) and /                                                 law         by
                                                or Judgment(s)                                                     Legislature
                                                                   landowner himself is willing to redevelop                      Right        to     Fair
                                                                   his own land, either, by himself or by                         Compensation         and
                                                                   getting it implemented on his behalf. This                     Transparency in Land
                                                                   is because the involvement and                                 Acquisition,
                                                                   participation     of    the   society     of                   Rehabilitation       and
                                                                   Slumdwellers/Occupants gives rise to a lot                     Resettlement Act, 2013.
                                                                   of practical problems, litigations and
                                                                   disputes between competing rival builders
                                                                   who want to profiteer from the
                                                                   redevelopment and not to rehouse the
                                                                   Slumdwellers/Occupants         and      this
                                                                   invariably     results    in   the    slum
                                                                   rehabilitation project being delayed.
                                                                   Hence, it is respectfully submitted that the
                                                                   Body/Society of Slumdwellers/Occupants
                                                                   should have neither a right to appoint a
                                                                   developer nor any say in appointing a
                                                                   developer if the redevelopment is
                                                                   undertaken by the landowner either, by
                                                                   himself, or by appointing a developer of
                                                                   his choice.

                                                                      It is only when the landowner
                                                                      communicates his unwillingness or
                                                                      inability to undertake redevelopment of
                                                                      his own land, either through himself or
                                                                      through a developer who he will appoint,
                                                                      should other modes and options of
                                                                      redeveloping the land be explored. In such
                                                                      a situation, the land should be acquired
                                                                      under Sec 14 of the Slum Act, after the
                                                                      SRA has identified who or which agency
                                                                      will undertake the redevelopment of the
                                                                      slum, and, its manner and terms. The SRA
                                                                      may at this stage consider whether any
                                                                      developer brought forward by the
                                                                      Body/Society of Slumdwellers/Occupants
                                                                      is suitable to undertake the Slum
                                                                      Redevelopment project. The acquisition
                                                                      under Sec 14 must only take place on the
                                                                      landowner receiving his full compensation
                                                                      from the person who will undertake the
                                                                      Slum Redevelopment project and
                                                                      redevelopment, unless otherwise agreed.



                                                                                                                                                                                          Page 325
                                                                                                                                                                                          61
Sr.   Specific Issue /   Cause of the problem            Relevant existing Proposed Measure / Solution                   Whether        Proposal for Legislative Reference Views and
No.   problem                                            Statutory                                                       Proposed       Reforms                            Suggestions of the
      identified                                         Section(s),                                                     Measure      /                                    SRA
                                                         Regulation(s),                                                  Solution
                                                         Rule(s),                                                        requires
                                                         Circular(s),                                                    amendment of
                                                         Guideline(s) and /                                              law         by
                                                         or Judgment(s)                                                  Legislature
                                                                            Hence receipt of full consideration by the
                                                                            landowner and divesting the landowner of
                                                                            his title must take place simultaneously and
                                                                            in one go. If the full compensation to be
                                                                            received by the landowner is not to be
                                                                            received by the landowner in its entirety
                                                                            before acquisition under sec 14, but in
                                                                            accordance with sec 17(2) of the Slum Act,
                                                                            then there must be adequate safeguards to
                                                                            ensure that landowners are not divested of
                                                                            their title till they receive the full
                                                                            compensation, irrespective of whether such
                                                                            compensation is to be received in area on
                                                                            construction, money, or, both.

                                                                             Lastly, on this aspect, it is respectfully
                                                                             submitted that the quantum of
                                                                             compensation which a landowner receives
                                                                             is unrealistically low. It is respectfully
                                                                             submitted that the State Government
                                                                             should take cognizance of this and review
                                                                             and amend Sec 17 of the Slum Act so as to
                                                                             ensure that the quantum of compensation
                                                                             which a landowner receives on acquisition
                                                                             of his land is fair, realistic and
                                                                             commensurate with land prices in
                                                                             Mumbai. One option is to provide that the
                                                                             compensation under sec17 should be
                                                                             calculated in accordance with the Right to
                                                                             Fair Compensation and Transparency in
                                                                             Land Acquisition, Rehabilitation and
                                                                             Resettlement Act, 2013.
15.   Unfair practice    At present, the S. R Scheme                         That the slum dwellers of the area should                                         T-9        Please refer to the
      adopted while      starts from calling a Special                       come together, by calling SGBM for                                                           response in Point 4 in
      appointment of     General Body Meeting [In                            formation of Society, for the purpose of                                                     Table No. 3.
      Developer.         short ‘SGBM’], which is                             implementation of S. R. Scheme. No
                         mostly             Developer                        Developer should be appointed in this
                         sponsored and chaired by                            SGBM.
                         their associates and in this
                         1st Special GBM required                            In case, the slum dwellers do not come
                         resolution are passed as                            forward, then SRA should identify such
                         under:                                              slum areas and give some time period [say
                                                                             180 days] to form Society and apply to
                         agreeing to form a Society,                         SRA for implementation of the S. R.S and



                                                                                                                                                                                                   Page 326
                                                                                                                                                                                                   62
Sr.   Specific Issue /   Cause of the problem            Relevant existing Proposed Measure / Solution                     Whether        Proposal for Legislative Reference Views and
No.   problem                                            Statutory                                                         Proposed       Reforms                            Suggestions of the
      identified                                         Section(s),                                                       Measure      /                                    SRA
                                                         Regulation(s),                                                    Solution
                                                         Rule(s),                                                          requires
                                                         Circular(s),                                                      amendment of
                                                         Guideline(s) and /                                                law         by
                                                         or Judgment(s)                                                    Legislature
                         for implementation of S. R.                        In case of failure, SRA should proceed
                         Scheme;                                            with the Scheme, by appointing some
                                                                            competent Developer by following Tender
                         appointment        of    Chief                     process;
                         Promoter and Promoter and
                         giving authority to them to                        On the basis of said SGBM, the Society
                         sign documents on behalf of                        should write to SRA;
                         Society,
                                                                            Co-operative Department of SRA should
                         appointment of Developer,                          get the Society Registered immediately
                         appointment of Architect,                          and in any case, prior to granting
                                                                            approvals for the Scheme;
                         Then on the basis of this
                         Resolution passed in 1st                           Simultaneously, SRA should call for
                         SGBM,        proposals     are                     Tender from prospective Developers
                         submitted with SRA and                             [atleast 05 Developers] within a stipulated
                         then approvals are obtained.                       time period, by giving wide publication;
                         On the basis of this SGBM,                         On the basis of Tenders received from
                         statutory and mandatory                            prospective Developers, SRA shall
                         51% consent of slum                                scrutinize the same and then call for
                         dwellers      [earlier     70%                     SGBM of the Society, which shall be held
                         consent] are claimed before                        in presence of Authorized Officer of SRA,
                         SRA.                                               who should allow only genuine slum
                                                                            dwellers to participate, after verification;
                         It is pertinent to note here is
                         that thereafter, the Society                       In the SGBM, the Authorized Officer of
                         remains ‘Proposed Society’                         SRA will explain the S. R. Scheme,
                         that means all initial                             including rights of the slum dwellers and
                         approvals are granted in                           put before the General Body the various
                         favour of Proposed Society,                        Proposal received from prospective
                         without even getting the                           Developers and then appoint a Developer,
                         Society Registered under                           on the basis of majority decision [i.e. 51%
                         Maharashtra Co-operative                           or more]. The entire meeting should be
                         Societies Act [in short                            video recorded.
                         ‘Societies Act’]. In other
                         words, due to non -
                         registration of the Society,
                         provisions of Societies Act
                         and the remedies provided
                         therein does not apply to
                         such Proposed Society.


                         However, it is important to



                                                                                                                                                                                                  Page 327
                                                                                                                                                                                                  63
Sr.   Specific Issue /   Cause of the problem              Relevant existing Proposed Measure / Solution                   Whether        Proposal for Legislative Reference Views and
No.   problem                                              Statutory                                                       Proposed       Reforms                            Suggestions of the
      identified                                           Section(s),                                                     Measure      /                                    SRA
                                                           Regulation(s),                                                  Solution
                                                           Rule(s),                                                        requires
                                                           Circular(s),                                                    amendment of
                                                           Guideline(s) and /                                              law         by
                                                           or Judgment(s)                                                  Legislature
                         note that apart from the fact
                         that said SGBM, is mostly
                         sponsored by Developer and
                         chaired by his associates.
                         Other drawback in this
                         process is that this SGBM is
                         not held in the presence of
                         any Officer of SRA,
                         therefore, there is no
                         mechanism        to    verify
                         participation of genuine
                         slum dwellers in such
                         meeting and thus, the
                         decision making process can
                         also easily be manipulated.

                         Apart from the fact that, it is
                         not an informed decision,
                         and poor slum dwellers,
                         mostly uneducated, put their
                         signature      under       the
                         influence of Developer and
                         his Associates, who hold
                         such meetings. In most of
                         the cases, it is seen that
                         signatures of slum dwellers
                         are taken while entering for
                         SGBM or by asking them to
                         sign for attendance and then
                         the same are shown as their
                         consent for the S. R.
                         Scheme.

                       The above process is not
                       only filled with flaws, but
                       also results in disputes and
                       multiplicity of litigation.
16.   Qualification of Most of the S.R. Scheme                                Financial health of Developers and their                                             T-9       1. Please refer to the
      Developer to be which are stalled for years                             experience:                                                                                       response in point
      appointed for S. and years together, is due to                          In case of project involving more than 150                                                        No.1 in Table 4.
      R. Scheme:       Developer’s          financial                         slum        dwellers,      only      those
                       incapability and lack of                               Developer/Builder having minimum                                                               2. The    SRA     has
                       expertise to implement the                             experience of past development or                                                                 already issued an
                       S. R. Scheme. In many                                  redevelopment for atleast 03 years, should                                                        office order dated



                                                                                                                                                                                                      Page 328
                                                                                                                                                                                                      64
Sr.   Specific Issue /   Cause of the problem            Relevant existing Proposed Measure / Solution                       Whether        Proposal for Legislative Reference Views and
No.   problem                                            Statutory                                                           Proposed       Reforms                            Suggestions of the
      identified                                         Section(s),                                                         Measure      /                                    SRA
                                                         Regulation(s),                                                      Solution
                                                         Rule(s),                                                            requires
                                                         Circular(s),                                                        amendment of
                                                         Guideline(s) and /                                                  law         by
                                                         or Judgment(s)                                                      Legislature
                         cases, it is also seen that the                    be appointed;                                                                                       23rd March, 2015
                         Developers are appointed in                                                                                                                            which levies a 5%
                         S. R. Project having no                            Financial health (including capital, assets,                                                        fee for change in
                         experience                   in                    borrowings and balance sheet of last 05                                                             composition        of
                         redevelopment projects and                         years), should be verified by SRA.                                                                  developer.       This
                         after initial appointment and                                                                                                                          office order has been
                         obtaining LOI, they have                           Bank Guarantee:                                                                                     effective and has
                         traded with the S. R. Project,                                                                                                                         also been upheld by
                         by giving it to some third                         Factors such as– (i) number of slum                                                                 the Bombay High
                         party Developer, thereby,                          dwellers to be rehabilitated; (ii) size of                                                          Court.
                         substantially affecting the                        land; (iii) cost of land; and (iv) time frame
                         progress of the Scheme. It is                      of completion of project etc, must be taken                                                         3. As     regards    the
                         also seen that the appointed                       into consideration for fixing quantum of                                                               suggestion         on
                         Developer        enters    into                    ‘Bank Guarantee’. This must be made                                                                    barring developers
                         financial arrangement with                         invocable by SRA, when the S. R. Project                                                               who have been
                         third       parties,     again                     is delayed. As a safety valve, this B.G.                                                               terminated      under
                         compromising with the                              shall safeguard the rights of slum dweller                                                             Section 13(2), please
                         Scheme. Thus, the Scheme                           (in case transit rent and corpus fund not                                                              refer to the response
                         today is profit driven, than                       paid). This shall also filter-out the                                                                  in this regard set –
                         welfare driven.                                    undeserving Developers, who enter into                                                                 out above.
                                                                            the Scheme for generating profit and
                              At present, in the name                       ultimately transfers / sells the S. R. Project
                         of checking Financial Status                       to other Developer for commercial
                         of the Developer, only a                           exploitation. This shall, at the first place,
                         certificate from Developer’s                       avoid entry into S. R. Scheme to
                         Chartered          Accountant                      undeserving Developers / Builders or
                         [C.A.], is taken by SRA,                           Proxy Developers.
                         without actually verifying
                         Developer’s          Financial                     Developers should be prohibited to enter
                         Status.                                            into any Joint Venture Agreement with
                         Bank Guarantee [B.G.] –                            third party Developer, without prior
                         There is no accountability of                      approval of Society and SRA. Any such
                         financial soundness and                            arrangement or Joint Venture should be
                         future stability. No Bank                          considered non-est and not binding on
                         Guarantee are insisted from                        SRA and / or Society and shall not give
                         the Developers.                                    any claim of whatsoever nature in the
                                                                            Scheme.

                                                                               No Developer against whom already 13(2)
                                                                               proceedings is pending before SRA or
                                                                               13(2) Order passed, shall be appointed as
                                                                               Developer, for any other Scheme.




                                                                                                                                                                                                           Page 329
                                                                                                                                                                                                           65
Sr.   Specific Issue /   Cause of the problem           Relevant existing Proposed Measure / Solution                            Whether        Proposal for Legislative Reference Views and
No.   problem                                           Statutory                                                                Proposed       Reforms                             Suggestions of the
      identified                                        Section(s),                                                              Measure      /                                     SRA
                                                        Regulation(s),                                                           Solution
                                                        Rule(s),                                                                 requires
                                                        Circular(s),                                                             amendment of
                                                        Guideline(s) and /                                                       law         by
                                                        or Judgment(s)                                                           Legislature
17.   Prolonged          The office bearers of the                         The Slum dwellers society managing                    Yes            Provisions in this regard A-10     The SRA has, on 23rd
      disputes           Slum dweller's society                            committee / promotors be automatically                               be incorporated in the             April, 2024, issued
      regarding          including promotors are                           dissolved for each 3 years and the existing                          Slum Act.                          Circular 144D. Under
      appointment        mostly works under the                            members of the said managing                                                                            the said circular, the
      process            influence of the developer                        committee/promotors should not be                                                                       meeting               for
                         and new rival developers.                         allowed to recontest and the new Slum                                                                   appointment of the
                         Due to which, the dispute                         dwellers should be appointed to the same.                                                               developer is called by
                         regards to the process of                                                                                                                                 the AR department of
                         appointment       of     the                                                                                                                              the SRA. A record of all
                         developer is prolonged and                                                                                                                                persons attending and
                         has     to   face    various                                                                                                                              voting at this meeting is
                         litigations and thereby the                                                                                                                               also maintained and it is
                         SR Schemes are prolonged                                                                                                                                  videographed.       This
                         and delayed and the                                                                                                                                       measure addresses the
                         competition between the                                                                                                                                   issue of formation of
                         developers rises. Further,                                                                                                                                rival societies as now
                         consequently,     rise    of                                                                                                                              the SRA has a record of
                         separate groups of Slum                                                                                                                                   all persons voting
                         dwellers are created                                                                                                                                      during the appointment
                                                                                                                                                                                   of the developer, which
                                                                                                                                                                                   was earlier absent.

18.   Selection of a                                    Town         Planning    1. Once the third verification stage is                                                   A-11       1. The RERA applies
      developer                                         Scheme         (TPS),    cleared,      the     SRA       will    start                                                           to    real     estate
                                                        feasibility and other    studying/deciding the viability of the slum                                                             projects, which, by
                                                        defined parameters;      schemes on each plot. The agency of each                                                                definition, mean
                                                        E-auction processes      plot shall verify the viability report.                                                                 development        or
                                                        implemented        in    2. Defining slum POCKETS based on                                                                       conversion for the
                                                        telecom, coal sector,    Town Planning Scheme (TPS), feasibility                                                                 purpose of selling.
                                                        NHAI etc.                and other defined parameters.                                                                           Similarly, Section
                                                                                 3. Non-viable small plots shall be                                                                      3(2)(c) of the
                                                        RERA Act, 2016           compulsorily clubbed with the viable slum                                                               RERA        excludes
                                                        has been enacted to      plots, as a condition.                                                                                  redevelopment
                                                        bring                    4. Plots having reservations will be                                                                    projects which do
                                                        standardisation,         compulsorily clubbed with the viable                                                                    not          involve
                                                        accountability,          plots, as a condition.                                                                                  marketing,
                                                        professionalism,         5. Authority will club occupants of a non-                                                              advertising and/or
                                                        and transparency in      viable plot or reservation plot with                                                                    selling, as was also
                                                        the real estate          adjoining or other slum plots.                                                                          ruled     by      the
                                                        sector. It isa           6. The slum pockets will be finalized                                                                   MahaRERA           in
                                                            complete code.       strictly as per the TPS norms, issues of                                                                2022. Thus, the
                                                                  Section-88     getting right of way etc will not arrive in                                                             scope of both the
                                                        makes the RERA           future. Also, the development will be done                                                              Acts is different.
                                                        Act         overriding   in a well-planned manner.                                                                               Specifically,       it



                                                                                                                                                                                                                  Page 330
                                                                                                                                                                                                                  66
Sr.   Specific Issue /   Cause of the problem   Relevant existing Proposed Measure / Solution                          Whether        Proposal for Legislative Reference Views and
No.   problem                                   Statutory                                                              Proposed       Reforms                            Suggestions of the
      identified                                Section(s),                                                            Measure      /                                    SRA
                                                Regulation(s),                                                         Solution
                                                Rule(s),                                                               requires
                                                Circular(s),                                                           amendment of
                                                Guideline(s) and /                                                     law         by
                                                or Judgment(s)                                                         Legislature
                                                effect over all prior 7. Eligibility of structure (in addition to                                                         does not apply to
                                                laws. Still, multiple occupant's eligibility) shall also be                                                               rehabilitation
                                                regulators regulate considered while deciding any benefit of                                                              projects.
                                                the real estate sector the Slum Scheme. Non-eligible or new
                                                including SRA for       structures after the present cut-off date of                                                    2. As per Section 88
                                                slum schemes. A         the year 2000 shall NOT be counted while                                                           of the RERA,
                                                large no. of projects calculating plot density based on                                                                    provisions of the
                                                got stalled. This is    structures. So new illegal structure                                                               RERA        are in
                                                causing       great     construction      will   be    discouraged                                                         addition to, and not
                                                injustice and losses permanently.                                                                                          in derogation of,
                                                to the ultimate         8. Split structure i.e. division of one                                                            the provisions of
                                                stakeholders for no existing structure into two new structures                                                             any other law for
                                                fault on their part     shall be discouraged· by treating multiple                                                         the time being in
                                                and                     structures as one as per the cut-off date of                                                       force”         which
                                                frustrating/defeating year 2000.                                                                                           means that no law
                                                the objectives of 9. Structures on the first floor or which are                                                            will be subsumed
                                                RERA. RERA Act          not properly independent separate                                                                  purely for being in
                                                already has effective structures shall be excluded.                                                                        the same area of
                                                provisions u/s 6 for 10. All surveyed structures who are held                                                              the RERA, that is
                                                an extension if the non-eligible; shall be held eligible to apply                                                          real estate.
                                                project       remains for allotment of units in rental housing on
                                                incomplete after the a lease basis.                                                                                     3. Since the scopes of
                                                expiry      of      the 11. Accordingly, the Authority will                                                                the Slum Act and
                                                validity of the         prepare and identify a slum pocket eligible                                                        RERA            are
                                                registration,           for auction, the same will be reflected on                                                         mutually
                                                revocation of           the government website for its auction.                                                            exclusive,      the
                                                registration u/s 7,     E- auction processes implemented in                                                                RERA does not
                                                completion of an        telecom, coal sector, NHAI etc have                                                                have an overriding
                                                incomplete project      successfully dealt with many connected                                                             effect over the
                                                whose registration is irregularities and issues. So, it is the right                                                       Slum Act.
                                                lapsed or revoked u/s time to auction viable slum schemes.
                                                8.                      12. The auction program must be initiated                                                       4. On        proposed
                                                                        after thorough independent scrutiny of                                                             measure 1 to 6, in
                                                                        slum pocket, market conditions.                                                                    cases where the
                                                                        13. The eligible interested developers can                                                         owners have failed
                                                                        submit their offers to the government                                                              or projects have
                                                                        auction website.                                                                                   been stalled, the
                                                                        14. A specific program for all slum                                                                SRA is considering
                                                                        pockets must be made to make Mumbai                                                                issuance of tenders
                                                                        slum-free in a time bound manner with a                                                            for ward – wise
                                                                        permanent mechanism for monitoring and                                                             clusters of slum
                                                                        review.                                                                                            pockets for which
                                                                        15. The eligibility of developers will be                                                          the developer will
                                                                        decided by the authority on grading based                                                          be       appointed



                                                                                                                                                                                                  Page 331
                                                                                                                                                                                                  67
Sr.   Specific Issue /   Cause of the problem   Relevant existing Proposed Measure / Solution                     Whether        Proposal for Legislative Reference Views and
No.   problem                                   Statutory                                                         Proposed       Reforms                            Suggestions of the
      identified                                Section(s),                                                       Measure      /                                    SRA
                                                Regulation(s),                                                    Solution
                                                Rule(s),                                                          requires
                                                Circular(s),                                                      amendment of
                                                Guideline(s) and /                                                law         by
                                                or Judgment(s)                                                    Legislature
                                                                   on scientific criteria through professional                                                       through           e-
                                                                   rating agencies including credit rating                                                           tendering. Please
                                                                   agencies after thorough scrutiny.                                                                 also refer to the
                                                                   16. Eligibility shall include financial and                                                       response in Point
                                                                   non-financial but critical parameters.                                                            1(2) in Table 1.
                                                                   17. Independent certified eligible
                                                                   engineers shall be given preference on                                                             5. On eligibility of
                                                                   some criteria in the auction of slum                                                                  slum structure and
                                                                   pockets allotment for development.                                                                    slum       dweller,
                                                                   18. One developer shall be entitled to bid                                                            please refer to the
                                                                   for one or more pockets.                                                                              response in point
                                                                   19. One developer shall be entitled to                                                                2(3) in Table 2.
                                                                   apply for one or more adjoining pockets
                                                                   and merge them.                                                                                    6. Declarations under
                                                                   20. The premium received on auction shall                                                             Section 3C and 4
                                                                   be divided to (1) land owners whether Pvt                                                             are     based      on
                                                                   or govt; (2) SRA; (3) Infrastructure                                                                  scientific criteria.
                                                                   development fund of the local authority
                                                                   (4) viability gap fund for non-viable plots                                                        7. The status      of
                                                                   (5) government.                                                                                       structures       is
                                                                   21. The slum plots which are completely                                                               verified as on the
                                                                   non-viable shall get funds from the                                                                   cut – off dates
                                                                   viability gap fund. However, the slum                                                                 under the Slum
                                                                   dwellers shall be liable to make equal                                                                Act.
                                                                   contributions if they wish for in-situ
                                                                   rehabilitation.                                                                                    8. On ground + 1
                                                                   22. In case of totally non-viable slum plots                                                          structures, please
                                                                   the occupants shall not be entitled to in-                                                            refer     to    the
                                                                   situ rehabilitation.                                                                                  response in Point 2
                                                                   23. In case of a plot required for critical                                                           of Table 1.
                                                                   infrastructure or purposes, the occupants
                                                                   shall not be entitled to in-situ                                                                   9. There is no policy
                                                                   rehabilitation.                                                                                       on rental housing.
                                                                   24. The successful bidder will not be
                                                                   permitted to vacate or develop in phases.                                                          10. On proposed
                                                                   It shall be for the entire block or merged                                                           measures 11 to 13,
                                                                   blocks at a time.                                                                                    in cases where the
                                                                   25. The successful bidder will be required                                                           owners have failed
                                                                   to prepare and submit drawings or designs                                                            or projects have
                                                                   of layout, and buildings with payment for                                                            been stalled, the
                                                                   scrutiny fees.                                                                                       SRA is considering
                                                                   26. All authorities who have to issue any                                                            issuance of tenders
                                                                   remark/NOC/ approval/ permission etc                                                                 for ward – wise
                                                                   will be connected on the same website and                                                            clusters of slum



                                                                                                                                                                                                 Page 332
                                                                                                                                                                                                 68
Sr.   Specific Issue /   Cause of the problem   Relevant existing Proposed Measure / Solution                      Whether        Proposal for Legislative Reference Views and
No.   problem                                   Statutory                                                          Proposed       Reforms                            Suggestions of the
      identified                                Section(s),                                                        Measure      /                                    SRA
                                                Regulation(s),                                                     Solution
                                                Rule(s),                                                           requires
                                                Circular(s),                                                       amendment of
                                                Guideline(s) and /                                                 law         by
                                                or Judgment(s)                                                     Legislature
                                                                    they have to take action on the submission                                                        pockets for which
                                                                    of a proposal by the successful bidder.                                                           the developer will
                                                                    Developers will not be required to make                                                           be       appointed
                                                                    separate applications for approvals.                                                              through           e-
                                                                    27. As soon as the layout proposal                                                                tendering.
                                                                    submitted by the successful bidder IS
                                                                    sanctioned and scrutiny fees paid, the                                                             11. The SRA will
                                                                    authorities shall start scrutinizing the                                                             consider framing a
                                                                    proposal and issue approvals where                                                                   specific program
                                                                    complete building plans are not required.                                                            for     all  slum
                                                                    28. The SRA will no longer be a                                                                      pockets.
                                                                    sanctioning authority. MCGM. will be a
                                                                    single sanctioning authority for building                                                          12. On proposed
                                                                    proposals.                                                                                           measures 15 to 17,
                                                                    29. MCGM will issue 1OD on payment of                                                                please refer to the
                                                                    applicable premiums by the successful                                                                response in point
                                                                    bidder.                                                                                              1(3) above.
                                                                    30. On receipt of the IOD, the successful
                                                                    bidder shall deposit amounts towards                                                               13. On proposed
                                                                    transit rent for all slum dwellers initially                                                         measures 18 and
                                                                    for six months with SRA. This will be the                                                            19 this is already
                                                                    first condition for granting development                                                             allowed.
                                                                    rights to the successful bidder.
                                                                   31. If the successful bidder fails to comply                                                        14. On proposed
                                                                    with applicable terms, the auction shall be                                                          measures 20 and
                                                                    conducted freshly.                                                                                   21,    the     State
                                                                   32. As soon as a demand notice for                                                                    Government will
                                                                    depositing the amount is issued by the                                                               consider whether
                                                                    MCGM to the successful bidder after                                                                  devolution        of
                                                                    scrutiny of its proposal; transit rent is                                                            funds requires any
                                                                    issued, the agency for the pocket shall                                                              change. The State
                                                                    issue a vacating notice to all slum dwellers                                                         Government
                                                                    of the pocket within 15 days. Bank A/c                                                               cannot make in-
                                                                    details would have been already entered                                                              situ rehabilitation
                                                                    by the occupant while making public data                                                             contingent       on
                                                                    entry.                                                                                               payment as this
                                                                   33. Irrespective of whether eligibility is                                                            will create two
                                                                    declared or not or disputed, every                                                                   classes of persons.
                                                                    occupant must hand over his structure to
                                                                    the agency for the pocket for its                                                                  15. On proposed
                                                                    demolition within 15 days of notice. Since                                                           measure 22, please
                                                                    all details would have been entered and the                                                          refer    to      the
                                                                    survey is already done, there would be no                                                            response in point
                                                                    risk for the occupant to vacate his                                                                  4(1) in Table 4.



                                                                                                                                                                                                Page 333
                                                                                                                                                                                                69
Sr.   Specific Issue /   Cause of the problem   Relevant existing Proposed Measure / Solution                      Whether        Proposal for Legislative Reference Views and
No.   problem                                   Statutory                                                          Proposed       Reforms                            Suggestions of the
      identified                                Section(s),                                                        Measure      /                                    SRA
                                                Regulation(s),                                                     Solution
                                                Rule(s),                                                           requires
                                                Circular(s),                                                       amendment of
                                                Guideline(s) and /                                                 law         by
                                                or Judgment(s)                                                     Legislature
                                                                    respective structure. Eligibility disputes                                                       16. On proposed
                                                                    can be decided at any time based on such                                                           measure 23, these
                                                                    data.                                                                                              are already being
                                                                   34. If not vacated, the agency will inform                                                          implemented       as
                                                                    the local police who shall forcefully vacate                                                       vital       public
                                                                    the occupant and shift to rent housing                                                             purpose projects.
                                                                    schemes, whose rent will be paid by the
                                                                    Developer. A dedicated cell for this                                                               17. On proposed
                                                                    purpose shall be created by the Police                                                               measure no. 24,
                                                                    Authorities.                                                                                         eviction        and
                                                                   35. Basic rights and voting rights of non-                                                            demolition       in
                                                                    cooperative slum dwellers shall stand                                                                phases has to be
                                                                    suspended till he has vacated their                                                                  allowed to allow
                                                                    respective structures.                                                                               some flexibility to
                                                                   36. Non-eligible slum dwellers of an                                                                  the developer.
                                                                    eligible structure can apply for a lease of
                                                                    rental housing premises whose premium                                                              18. On        proposed
                                                                    will be partly paid by the Developer and                                                               measures 25, 26
                                                                    partly by non-eligible slum dwellers. The                                                              and 27, the same
                                                                    lease premium shall be equal to the                                                                    is          already
                                                                    construction cost of such units less taxes.                                                            implemented.
                                                                    Govt will provide interest subsidies on                                                                Additionally, all
                                                                    home loans to such slum dwellers.                                                                      the plans are
                                                                    37. Eligible slum dwellers will be allotted                                                            approved through
                                                                    premises in a proposed rehab building on                                                               an online system
                                                                    a lease basis. Since then he shall be                                                                  and are hence,
                                                                    considered an allottee within the meaning                                                              available        to
                                                                    of section-2(d) of the RERA Act. This                                                                  citizens.
                                                                    lease will be transferable on payment of
                                                                    the premium. Thus, the ownership of                                                                19. On      proposed
                                                                    rehab units will always remain with the                                                                measures 28 and
                                                                    Govt.                                                                                                  29, whether the
                                                                    38. Demolition will be carried out by the                                                              SRA grants the
                                                                    agency appointed and will submit the                                                                   approvals or the
                                                                    report to the Authority on the Website.                                                                BMC         grants
                                                                    The same will be surveyed by                                                                           approvals,     the
                                                                    Satellite/Drone and a certificate to that                                                              outcome is the
                                                                    effect will be issued recommending                                                                     same. However,
                                                                    issuance of CC.                                                                                        the SRA must
                                                                    39. On vacating the plot, the successful                                                               have control over
                                                                    bidder shall deposit rent for the remaining                                                            this function for
                                                                    redevelopment period for eligible slum                                                                 slum schemes.
                                                                    dwellers. Thereupon, cc will be issued.
                                                                    This shall be the next condition for the                                                           20. On       proposed



                                                                                                                                                                                                 Page 334
                                                                                                                                                                                                 70
Sr.   Specific Issue /   Cause of the problem   Relevant existing Proposed Measure / Solution           Whether        Proposal for Legislative Reference Views and
No.   problem                                   Statutory                                               Proposed       Reforms                            Suggestions of the
      identified                                Section(s),                                             Measure      /                                    SRA
                                                Regulation(s),                                          Solution
                                                Rule(s),                                                requires
                                                Circular(s),                                            amendment of
                                                Guideline(s) and /                                      law         by
                                                or Judgment(s)                                          Legislature
                                                                   grant of development rights to the                                                        measure       30,
                                                                   successful bidder.                                                                        Circular 210 is
                                                                                                                                                             effective.

                                                                                                                                                           21. On       proposed
                                                                                                                                                               measures 32 and
                                                                                                                                                               33,       eviction
                                                                                                                                                               cannot be linked
                                                                                                                                                               to payment of
                                                                                                                                                               rent but has to be
                                                                                                                                                               linked to non-
                                                                                                                                                               compliance      of
                                                                                                                                                               clearance orders
                                                                                                                                                               under Section 12.

                                                                                                                                                           22. On       proposed
                                                                                                                                                               measures 34, 36
                                                                                                                                                               and 37 please
                                                                                                                                                               refer    to    the
                                                                                                                                                               response in point
                                                                                                                                                               18(7) in Table 3.

                                                                                                                                                           23. On       proposed
                                                                                                                                                               measure         35,
                                                                                                                                                               please refer to the
                                                                                                                                                               response in point
                                                                                                                                                               19(4) in Table 2.




                                                                                                                                                                                     Page 335
                                                                                                                                                                                     71
Sr.   Specific Issue /   Cause of the problem          Relevant existing Proposed Measure / Solution   Whether           Proposal for Legislative Reference Views and
No.   problem                                          Statutory                                       Proposed          Reforms                             Suggestions of the
      identified                                       Section(s),                                     Measure         /                                     SRA
                                                       Regulation(s),                                  Solution
                                                       Rule(s),                                        requires
                                                       Circular(s),                                    amendment of
                                                       Guideline(s) and /                              law           by
                                                       or Judgment(s)                                  Legislature
19.   Appointment of Given the problems in             Circular No. 80 and                             One method to                              A-17      1. The           process
      developers     creation of societies, there is   148 issued under                                ensure                                                  stipulated      under
                     therefore a question as to the    Regulation     33(7)                            transparency in                                         Circular 144D of the
                     manner in which developers        prescribing                                     the appointment                                         SRA is an efficient
                     are appointed                     minimum criteria                                of developers is                                        process.          The
                                                       for appointment of                              to ensure a                                             suggested measure
                                                       developers                                      competitive                                             of     the     society
                                                                                                       bidding process.                                        floating tenders will
                                                                                                                                                               further          delay
                                                                                                       Once a Slum                                             projects.
                                                                                                       Society        is
                                                                                                       formed       the                                     2. As      regards    the
                                                                                                       Society should                                          suggestion
                                                                                                       be required to                                          concerning
                                                                                                       submit                                                  formation           of
                                                                                                       competitive                                             guidelines         for
                                                                                                       tender      and                                         floating tenders and
                                                                                                       forward      the                                        criteria for selecting
                                                                                                       same to the                                             developers is being
                                                                                                       Authority.                                              considered.

                                                                                                       SRA/State
                                                                                                       Govt.
                                                                                                       can specify
                                                                                                       guidelines for
                                                                                                       eligibility     of
                                                                                                       developers and
                                                                                                       the         tender
                                                                                                       process.       Bid
                                                                                                       should include
                                                                                                       proposed
                                                                                                                 rent,
                                                                                                       timelines
                                                                                                       for project
                                                                                                       completion etc.


                                                                                                       Once             a
                                                                                                       developer       is
                                                                                                       selected by the
                                                                                                       society,      the
                                                                                                       same can be sent
                                                                                                       to the SRA for
                                                                                                       verification and



                                                                                                                                                                                        Page 336
                                                                                                                                                                                        72
Sr.   Specific Issue /   Cause of the problem            Relevant existing Proposed Measure / Solution                   Whether          Proposal for Legislative Reference Views and
No.   problem                                            Statutory                                                       Proposed         Reforms                            Suggestions of the
      identified                                         Section(s),                                                     Measure        /                                    SRA
                                                         Regulation(s),                                                  Solution
                                                         Rule(s),                                                        requires
                                                         Circular(s),                                                    amendment of
                                                         Guideline(s) and /                                              law          by
                                                         or Judgment(s)                                                  Legislature
                                                                                                                         confirmation as
                                                                                                                         is     currently
                                                                                                                         done.




20.   Unfair practice    At present, the S. R Scheme     Guidelines of S.R. (a) That the slum dwellers of the area                                                T-10       Most of the concerns
      adopted while      starts from calling a Special   Scheme     provides     should come together, by calling                                                            mentioned        are
      appointment of     General Body Meeting [In        the procedure by        SGBM for formation of Society, for                                                          addressed         by
      Developer.         short ‘SGBM’], which is         which Developers        the purpose of implementation of S.                                                         Circular 144D. The
                         mostly             Developer    are appointed for       R. Scheme. No Developer should be                                                           meeting shall be
                         sponsored and chaired by        implementation of       appointed in this SGBM.                                                                     conducted       and
                         their associates and in this    S.R. Schemes and            In case, the slum dwellers do not                                                       supervised
                         1st Special GBM required        their            by     come forward, then SRA should                                                               exclusively by the
                         resolution are passed as        appointment             identify such slum areas and give                                                           SRA.            The
                         under:                          procedure               some time period [say 180 days] to                                                          participation of all
                         (a) agreeing to form a          mentioned therein.      form Society and apply to SRA for                                                           slum dwellers in the
                               Society,            for                           implementation of the S. R. Scheme                                                          meeting shall be
                               implementation of S.                              and In case of failure, SRA should                                                          recorded          by
                               R. Scheme;                                        proceed with the Scheme, by                                                                 maintaining      the
                         (b) appointment of Chief                                appointing       some       competent                                                       biometrics of the
                               Promoter           and                            Developer by following Tender                                                               persons
                               Promoter and giving                               process;                                                                                    participating.
                               authority to them to                          (b) On the basis of said SGBM, the
                               sign documents on                                 Society should write to SRA;                                                                The parameters of
                               behalf of Society,                            (c) Co-operative Department of SRA                                                              the scheme and the
                         (c) appointment            of                           should get the Society Registered                                                           qualifications of the
                               Developer,                                        immediately and in any case, prior to                                                       developer will be
                         (d) appointment            of                           granting approvals for the Scheme;                                                          explained to all



                                                                                                                                                                                                     Page 337
                                                                                                                                                                                                     73
Sr.   Specific Issue /   Cause of the problem            Relevant existing Proposed Measure / Solution                   Whether        Proposal for Legislative Reference Views and
No.   problem                                            Statutory                                                       Proposed       Reforms                            Suggestions of the
      identified                                         Section(s),                                                     Measure      /                                    SRA
                                                         Regulation(s),                                                  Solution
                                                         Rule(s),                                                        requires
                                                         Circular(s),                                                    amendment of
                                                         Guideline(s) and /                                              law         by
                                                         or Judgment(s)                                                  Legislature
                               Architect,                                   (d) Simultaneously, SRA should call for                                                        participants by the
                         (e)   Then on the basis of                             Tender from prospective Developers                                                         SRA.            After
                               this Resolution passed                           [atleast 05 Developers] within a                                                           explaining        the
                               in      1st    SGBM,                             stipulated time period, by giving wide                                                     aforesaid, a voting
                               proposals           are                          publication;                                                                               will be conducted
                               submitted with SRA                           (e) On the basis of Tenders received from                                                      under the supervision
                               and then approvals are                           prospective Developers, SRA shall                                                          of the SRA.
                               obtained. On the basis                           scrutinize the same and then call for
                               of     this    SGBM,                             SGBM of the Society, which shall be
                               statutory          and                           held in presence of Authorized
                               mandatory         51%                            Officer of SRA, who should allow
                               consent     of    slum                           only genuine slum dwellers to
                               dwellers [earlier 70%                            participate, after verification;
                               consent] are claimed                         (f) In the SGBM, the Authorized Officer
                               before SRA.                                      of SRA will explain the S. R. Scheme,
                                                                                including rights of the slum dwellers
                              It is pertinent to note                           and put before the General Body the
                         here is that thereafter, the                           various Proposal received from
                         Society remains ‘Proposed                              prospective Developers and then
                         Society’ that means all                                appoint a Developer, on the basis of
                         initial approvals are granted                          majority decision [i.e. 51% or more].
                         in favour of Proposed                                  The entire meeting should be video
                         Society,     without     even                          recorded.
                         getting      the      Society
                         Registered              under
                         Maharashtra Co-operative
                         Societies Act [in short
                         ‘Societies Act’]. In other
                         words, due to non -
                         registration of the Society,
                         provisions of Societies Act
                         and the remedies provided
                         therein does not apply to
                         such Proposed Society.

                          However, it is important to
                         note that apart from the fact
                         that said SGBM, is mostly
                         sponsored by Developer and
                         chaired by his associates.
                         Other drawback in this
                         process is that this SGBM is
                         not held in the presence of
                         any Officer of SRA,



                                                                                                                                                                                                   Page 338
                                                                                                                                                                                                   74
Sr.   Specific Issue /   Cause of the problem              Relevant existing Proposed Measure / Solution   Whether        Proposal for Legislative Reference Views and
No.   problem                                              Statutory                                       Proposed       Reforms                            Suggestions of the
      identified                                           Section(s),                                     Measure      /                                    SRA
                                                           Regulation(s),                                  Solution
                                                           Rule(s),                                        requires
                                                           Circular(s),                                    amendment of
                                                           Guideline(s) and /                              law         by
                                                           or Judgment(s)                                  Legislature
                         therefore, there is no
                         mechanism         to     verify
                         participation of genuine slum
                         dwellers in such meeting and
                         thus, the decision making
                         process can also easily be
                         manipulated.
                             Apart from the fact that,
                         it is not an informed
                         decision, and poor slum
                         dwellers,               mostly
                         uneducated,       put     their
                         signature      under        the
                         influence of Developer and
                         his Associates, who hold
                         such meetings. In most of
                         the cases, it is seen that
                         signatures of slum dwellers
                         are taken while entering for
                         SGBM or by asking them to
                         sign for attendance and then
                         the same are shown as their
                         consent for the S. R.
                         Scheme.
                         The above process is not
                         only filled with flaws, but
                         also results in disputes and
                         multiplicity of litigation.




                                                                                                                                                                                  Page 339
                                                                                                                                                                                  75
Sr.   Specific Issue /   Cause of the problem              Relevant existing Proposed Measure / Solution                        Whether        Proposal for Legislative Reference Views and
No.   problem                                              Statutory                                                            Proposed       Reforms                            Suggestions of the
      identified                                           Section(s),                                                          Measure      /                                    SRA
                                                           Regulation(s),                                                       Solution
                                                           Rule(s),                                                             requires
                                                           Circular(s),                                                         amendment of
                                                           Guideline(s) and /                                                   law         by
                                                           or Judgment(s)                                                       Legislature
21.   Qualification of   Most of the S.R. Scheme           There is no specific a. Financial health of Developers and                                                   T-10      Please see response in
      Developer to be    which are stalled for years       provision either in       their experience:                                                                            Table 4.
      appointed for S.   and years together, is due to     Slum Act or rules (i) In case of project involving more
      R. Scheme:         Developer’s           financial   made there under          than 150 slum dwellers, only those
                         incapability and lack of          regarding                 Developer       /     Builder having
                         expertise to implement the        qualification     of      minimum experience of past
                         S. R. Scheme. In many             developer to be           development or redevelopment for
                         cases, it is also seen that the   appointed in S.R.         atleast 03 years, should be
                         Developers are appointed in       Scheme.                   appointed;
                         S. R. Project having no                                (ii) Financial health (including capital,
                         experience                   in                             assets, borrowings and balance sheet
                         redevelopment projects and                                  of last 05 years), should be verified
                         after initial appointment and                               by SRA.
                         obtaining LOI, they have                               b. Bank Guarantee:
                         traded with the S. R. Project,                              Factors such as– (i) number of slum
                         by giving it to some third                                  dwellers to be rehabilitated; (ii) size
                         party Developer, thereby,                                   of land; (iii) cost of land; and (iv)
                         substantially affecting the                                 time frame of completion of project
                         progress of the Scheme. It is                               etc, must be taken into consideration
                         also seen that the appointed                                for fixing quantum of ‘Bank
                         Developer        enters    into                             Guarantee’. This must be made
                         financial arrangement with                                  invocable by SRA, when the S. R.
                         third       parties,      again                             Project is delayed. As a safety valve,
                         compromising with the                                       this B.G. shall safeguard the rights of
                         Scheme. Thus, the Scheme                                    slum dweller (in case transit rent and
                         today is profit driven, than                                corpus fund not paid). This shall also
                         welfare driven.                                             filter-out        the       undeserving
                              At present, in the name                                Developers, who enter into the
                         of checking Financial Status                                Scheme for generating profit and
                         of the Developer, only a                                    ultimately transfers / sells the S. R.
                         certificate from Developer’s                                Project to other Developer for
                         Chartered          Accountant                               commercial exploitation. This shall,
                         [C.A.], is taken by SRA,                                    at the first place, avoid entry into S.
                         without actually verifying                                  R.      Scheme        to    undeserving
                         Developer’s          Financial                              Developers / Builders or Proxy
                         Status.                                                     Developers.
                         Bank Guarantee [B.G.] –                                c. Developers should be prohibited to
                         There is no accountability of                               enter into any Joint Venture
                         financial soundness and                                     Agreement        with     third    party
                         future stability. No Bank                                   Developer, without prior approval of
                         Guarantee are insisted from                                 Society and SRA. Any such
                         the Developers.                                             arrangement or Joint Venture should
                                                                                     be considered non-est and not
                                                                                     binding on SRA and / or Society and



                                                                                                                                                                                                           Page 340
                                                                                                                                                                                                           76
Sr.   Specific Issue /   Cause of the problem   Relevant existing Proposed Measure / Solution                  Whether        Proposal for Legislative Reference Views and
No.   problem                                   Statutory                                                      Proposed       Reforms                            Suggestions of the
      identified                                Section(s),                                                    Measure      /                                    SRA
                                                Regulation(s),                                                 Solution
                                                Rule(s),                                                       requires
                                                Circular(s),                                                   amendment of
                                                Guideline(s) and /                                             law         by
                                                or Judgment(s)                                                 Legislature
                                                                        shall not give any claim of
                                                                        whatsoever nature in the Scheme.
                                                                   d. No Developer against whom already
                                                                   13(2) proceedings is pending before SRA
                                                                   or 13(2) Order passed, shall be appointed
                                                                   as Developer, for any other Scheme.




                                                                                                                                                                                      Page 341
                                                                                                                                                                                      77
                                                                                                                   PA




                                        IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL
                                                                   JURISDICTION
                                                        SUO MOTO WRIT PETITION NO. 1 OF 2024




IN RE: PERFORMANCE OF AUDIT OF THE MAHARASHTRA SLUM AREAS (IMPROVEMENT,
CLEARANCE AND REDEVELOPMENT) ACT, 1971.
                                                                                                                          …Petitioner

                                         Versus
THE STATE OF MAHARASHTRA & ORS.
                                                                                                                        …Respondents




                                  SUGGESTIONS FOR APPORTIONMENT OF SLUM LAND BETWEEN REDEVELOPMENT AND SALE AREA




                                                                                                                                        Page 342
                                                                                                                                        78
                                                                                                                                                                            PA




Sr.   Specific Issue / Cause of the problem                        Relevant         Proposed Measure / Solution                 Whether        Proposal          for Reference    Views and Suggestions of the
No.   problem                                                      existing                                                     Proposed       Legislative Reforms                SRA
      identified                                                   Statutory                                                    Measure      /
                                                                   Section(s),                                                  Solution
                                                                   Regulation(s),                                               requires
                                                                   Rule(s),                                                     amendment of
                                                                   Circular(s),                                                 law         by
                                                                   Guideline(s)                                                 Legislature
                                                                   and      /
                                                                            or
                                                                   Judgment(s)
1.    The Slum Act,           The apportionment of land            Regulation    33 Taking into account all the factors         No      measures -                   T-7          Slum rehabilitation projects
      and            the      between           rehabilitation     (10)             iterated in the previous column (which      required.                                         operate        under       multiple
      provisions      of      buildings and sale buildings                          are not uniform or predictable in each                                                        constraints. Every plot is
      DCPR 2034, do           is     essentially      wholly                        slum scheme), the layout of the slum                                                          differently placed as they differ on
      not provide for         dependent and based on the                            scheme is finalized by a developer.                                                           multiple points such as:
      any formula or          development planning of a                             Considering these factors, the Slum
      basis          for      particular       slum.       The                      Act and the DCPR 2034, permits the                                                              1. Tenement density
      apportionment           development planning of a                             developer to design the layout and                                                              2. DP Reservation,
      of land between         slum     i.e.,     nature      of                     decide the apportionment of layout                                                              3. Buffer for infrastructure
      rehabilitation          construction to be carried                            between rehabilitation buildings and                                                               projects,
      buildings and sale      out, FSI that may be utilized,                        sale buildings.                                                                                 4. Safety zones, etc.
      buildings.              number of buildings, height
                              of buildings etc. Such                                                                                                                             After this, the net buildable plot
                              planning is dependent on                               It is submitted that having any fixed                                                       size stands drastically reduced.
      The      developers     various factors such as (a)                            ratio or apportionment will create                                                          Therefore, to come up with a
      enters into a slum      location of the land; (b)                              inflexibility and make the slum                                                             blanket apportionment basis the
      scheme            for   shape of the land;                                     rehabilitation scheme unfeasible and                                                        gross plot area would be difficult.
      construction       of   (c) permissible height for                             unviable.
      rehabilitation          construction;                                                                                                                                      The SRA will consider if
      component in lieu       (d) width of the road abutting                         The flexibility is permitted so as to                                                       amendments to the DCPR 2034 are
      whereof        the      the land; (e) DP reservations;                         enable the developer to construct the                                                       required to specify a minimum
      developer          is   (f) slum density; (g) such                             rehabilitation component and at the                                                         percentage of the net plot area
      entitled to the         other physical constraints, etc                        same time have sufficient free sale area                                                    (remaining after deducting all
      development             (h) nature of title of land                            to finance the construction of                                                              reservations and buffers, etc.) that
      potential of the        (ownership, title issues, etc).                        rehabilitation      area.       Hence,                                                      has to be apportioned for the rehab
      free sale               There cannot be a straight                             apportionment of land would not be                                                          component.
              component       jacket formula applied to all                          practically feasible for effective
      . The slum              slum schemes as each slum                              implementation of a slum scheme.
      dwellers under          schemes        faces     various
              the slum        peculiar challenges. The main                          In any event, even rehabilitation
      rehabilitation          issue is the scarcity of land.                         building is required to be constructed
      scheme are              This is usually due to rampant                         in accordance with the building
      entitled to their       construction        of     illegal                     specifications and planning
      respective              structures/encroachments                               requirements laid down under the
      rehabilitation          which are highly dense                                 DCPR 2034, which includes
      tenement           as                                                          providing the requisite open spaces,
      prescribed from                                                                marginal open spaces. Furthermore,



                                                                                                                                                                                                                         Page 343
                                                                                                                                                                                                                         79
                                                                                                                                                      PA
Sr.   Specific Issue / Cause of the problem   Relevant         Proposed Measure / Solution                Whether        Proposal          for Reference   Views and Suggestions of the
No.   problem                                 existing                                                    Proposed       Legislative Reforms               SRA
      identified                              Statutory                                                   Measure      /
                                              Section(s),                                                 Solution
                                              Regulation(s),                                              requires
                                              Rule(s),                                                    amendment of
                                              Circular(s),                                                law         by
                                              Guideline(s)                                                Legislature
                                              and      /
                                                       or
                                              Judgment(s)
      time to time and as                                              DCPR 2034, provides for
      well as rent till the                                    construction of amenities such as
      time they are                                            Anganwadi, health centre / outpost,
      rehoused                                                 community hall/ gymnasium/fitness
                                                               centre, skill development centre,
                                                               women entrepreneurship centre, yuva
                                                               kendra/library, society office and
                                                               religious structures in the manner
                                                               specified in Clause 8 of Regulation
                                                               33(10) of DCPR 2034. Hence, the
                                                               rehabilitation buildings are to be
                                                               constructed in accordance with the
                                                               DCPR 2034, and amenities as
                                                               stipulated are to be provided for the
                                                               rehabilitation buildings.

                                                               Furthermore, any increase in land
                                                               apportioned to rehabilitation buildings
                                                               will also entail substantial increase in
                                                               the maintenance cost of the
                                                               rehabilitation buildings and land
                                                               appurtenant for the slum dwellers.

                                                               It may be noted that there are other
                                                               similar developments which involve
                                                               sharing of built up-area such as
                                                               development of lands owned by
                                                               MHADA under Regulation 33(5) of
                                                               DCPR 2034, or land owned by co-
                                                               operative societies, which are being
                                                               implemented on a large scale in
                                                               Mumbai. In aforesaid developments as
                                                               well, there is no stipulation of
                                                               apportionment of land area between
                                                               MHADA/MHADA’s tenant buildings
                                                               and sale buildings.




                                                                                                                                                                                          Page 344
                                                                                                                                                                                          80
                                                                                                                                                                         PA
Sr.   Specific Issue / Cause of the problem                    Relevant           Proposed Measure / Solution                Whether        Proposal          for Reference   Views and Suggestions of the
No.   problem                                                  existing                                                      Proposed       Legislative Reforms               SRA
      identified                                               Statutory                                                     Measure      /
                                                               Section(s),                                                   Solution
                                                               Regulation(s),                                                requires
                                                               Rule(s),                                                      amendment of
                                                               Circular(s),                                                  law         by
                                                               Guideline(s)                                                  Legislature
                                                               and      /
                                                                        or
                                                               Judgment(s)
2.    Slum                   Rehabilitation       densities:   DCR 33(10) of      All redevelopment sites whether in-situ    Amendment to                         T-6         In slum areas, the tenement
      rehabilitation         density norms in any city are     the Development    rehabilitation or resettlement must        the DCR 33(10)                                   density is very high. In some
      schemes        have    based on maximum limits.          Control      and   conform to the National Building Code      of          the                                  cases, it is nearly 850 tenements/
      become         slum    SRA      projects     prescribe   Promotion          (NBC) 2016 (Part 3, section C-2.4.2)       Development                                      hectare. The Slum Act requires all
      replacement            minimum densities – and           Regulations        specification of a maximum 500             Control     and                                  eligible slum dwellers to be
      schemes or slum        almost all slum rehabilitation    (DCPR)             dwelling units per net hectare (that is,   Promotion                                        rehabilitated in situ as per DCPR
      relocation             projects have two to three                           plot areas for buildings, excluding area   Regulations                                      33 (10), Reg. 3.12A. Specifying
      schemes – moving       times the densities of other                         of land used for amenities). These         (DCPR).                                          maximum density will require
      people         from    residential     layouts    and                       norms must be universally applied, and                                                      some slum dwellers to be
      horizontal      into   sometimes more than twice                            not a scheme-by-scheme basis.                                                               rehabilitated on another plot. This
      vertical slums.        the residential densities of                                                                                                                     will lead to creation of two
                             slums. Furthermore, it is                                                                                                                        categories of slum dwellers that
                             almost routine for the CEO of                                                                                                                    are otherwise, same before the
                             SRA to allow “relaxations”                                                                                                                       eyes of law. Additionally, it will
                             over and above these                                                                                                                             pose several practical hurdles for
                             compromised standards to                                                                                                                         the SRA to categorize slum
                             make projects “viable” for                                                                                                                       dwellers. The SRA will consider
                             developers. Such a practice of                                                                                                                   formulating a policy to curb
                             condonation is harmful for                                                                                                                       vertical slum - like conditions.
                             two reasons: (1) it reduces the
                             overall well-being of citizens
                             by reducing the quantum and
                             quality of public goods in the
                             locality; (2) it creates
                             opportunities for rent-seeking
                             by     creating        a
                                    regime of exemptions.




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Sr.   Specific Issue / Cause of the problem                    Relevant           Proposed Measure / Solution                 Whether        Proposal          for Reference    Views and Suggestions of the
No.   problem                                                  existing                                                       Proposed       Legislative Reforms                SRA
      identified                                               Statutory                                                      Measure      /
                                                               Section(s),                                                    Solution
                                                               Regulation(s),                                                 requires
                                                               Rule(s),                                                       amendment of
                                                               Circular(s),                                                   law         by
                                                               Guideline(s)                                                   Legislature
                                                               and      /
                                                                        or
                                                               Judgment(s)
3.    Creation         of   Distance between buildings:        DCR 33(10) of      The airspace between buildings is           Amendment to                         T-6         1. The SRA will consider
      vertical slums        The by-laws allow the              the Development    crucial to ensure adequate light and        the DCR 33(10)                                      appointing a neutral and
      through SRA           distance between adjacent          Control      and   ventilation particularly on the lower       of          the                                     independent     expert     with
      scheme:        The    buildings of 32 meters height      Promotion          floors of buildings. There should be no     Development                                         required technical expertise for
      adverse               to be as little as 6 meters (the   Regulations        departure from Mumbai’s earlier norm        Control     and                                     every scheme to ensure that
      consequences on       NBC-2016 prescribes            a   (DCPR)             of the gap-between-buildings to height-     Promotion                                           rehab tenements are reasonably
      health and well-      minimum of 10 meters                                  of-buildings ratio of 1:2, which is         Regulations                                         habitable and the plot has all
      being of residents    around the building or 20                             already less than required by NBC-          (DCPR).                                             amenities as per the DCPR
      living           in   meters between adjacent                               2016. This norm must be adopted for all                                                         2034.
      overcrowded           buildings).                                           redevelopment projects – and there
      rehabilitation                                                              should be no exceptions made on                                                              2. As regards changing the
      buildings deprived                                                          account of planning constraints or                                                              distance between the buildings,
      of     light   and                                                          project viability.                                                                              the same will require an
      ventilation     has                                                                                                                                                         amendment to the DCPR - 2034.
      been           well                                                                                                                                                         The SRA will consider
      documented       in                                                                                                                                                         appointing a neutral and
      technical studies.                                                                                                                                                          independent     expert     with
                                                                                                                                                                                  required technical expertise to
                                                                                                                                                                                  see if the DCPR 2034 requires
                                                                                                                                                                                  amendments.

4.    Inadequate     and    Open spaces and amenities:         DCR 33(10) of      Neighborhood and residential open           amendment    to                      T-6         1. After carving out unbuildable
      discriminatory        Provision of open spaces and       the Development    spaces and amenities must be specified      the DCR 33(10)                                      reservations such as roads,
      provision of open     recreation grounds in slum         Control     and    on a per-capita basis rather than as a      of          the                                     drains/ nullahs, public open
      spaces         and    rehabilitation schemes are         Promotion          percentage of land area or built-up area.   Development                                         spaces from the slum plot, the
      amenities             seen as a cause of hardships       Regulations        The NBC 2016 (Part 3, section 5.5)          Control     and                                     available buildable area is
                            on developers rather than the      (DCPR)             specifies a 1 neighborhood play area of     Promotion                                           considerably      reduced.     To
                            rights of citizens. The DCPRs                         1.5 Ha for 15,000 people and 1              Regulations                                         overcome this, the SRA will
                            demand open space provision                           residential unit play area of 0.5 Ha for    (DCPR).                                             apply to the State Government
                            of 15 to 25 percent depending                         5,000 people. This comes to minimum                                                             seeking appropriate change of
                            on plot area, but in many SRA                         2.7 Ha of open space for 3,000                                                                  reservation so as to enable
                            projects       open        space                      households or 2 sqm of open space per                                                           interchanging of open spaces/
                            requirements                 are                      person. Other amenities such as                                                                 amenities between multiple
                            compromised and condoned                              dispensaries, pre-primary schools,                                                              slum pockets at a single location
                            by the SRA on the grounds of                          primary schools, secondary schools,                                                             or      undertaking        cluster
                            planning constraints. In fact,                        community rooms, etc should be based                                                            development in the same/
                            the Section 6 of Regulation                           on the NBC 2016. The rehabilitation                                                             adjoining ward so as to have
                            33(10) allows open spaces to                          authority must ensure that adequate                                                             better utilization of amenities.
                            be reduced up to just 8% of                           norms as established for open spaces
                            site area in case the relaxation                      and amenities are not compromised at                                                         2. Additionally, the SRA will
                            is required “to make the                              any cost, and there should be no                                                                apply to the State Government



                                                                                                                                                                                                                       Page 346
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Sr.   Specific Issue / Cause of the problem                   Relevant         Proposed Measure / Solution                 Whether        Proposal          for Reference    Views and Suggestions of the
No.   problem                                                 existing                                                     Proposed       Legislative Reforms                SRA
      identified                                              Statutory                                                    Measure      /
                                                              Section(s),                                                  Solution
                                                              Regulation(s),                                               requires
                                                              Rule(s),                                                     amendment of
                                                              Circular(s),                                                 law         by
                                                              Guideline(s)                                                 Legislature
                                                              and      /
                                                                       or
                                                              Judgment(s)
                            project viable.” The practice                      exceptions made on account of planning                                                         to allow floating FSI (indexed)
                            of affixing open space                             constraints or project viability                                                               so that the schemes which are
                            provision as a percentage of                                                                                                                      unviable due to requirement of
                            site area is a serious problem.                                                                                                                   open spaces can utilize their FSI
                            Open space and amenity                                                                                                                            in the same/ adjoining ward.
                            norms should be based on a
                            per capita basis as specified                                                                                                                   3. The SRA will consider
                            in the National Building Code                                                                                                                      appointing a neutral and
                            of India (NBC-2016).                                                                                                                               independent     expert     with
                                                                                                                                                                               required technical expertise for
                                                                                                                                                                               every scheme to ensure that
                                                                                                                                                                               scheme parameters are remain
                                                                                                                                                                               beneficial and the plot has all
                                                                                                                                                                               amenities as per the DCPR
                                                                                                                                                                               2034.




5.    Apportionment of      In all redevelopment projects,                     Sale units should be part of the overall    Amendment to                         T-6          Rehabilitation of slum dwellers is
      land area for         sale and rehabilitation areas                      project layout, even part of the same       the DCR 33(10)                                    the prime responsibility of the
      rehabilitation        are     separated     by    the                    buildings      (and     not      separate   of          the                                   SRA. Even if the SRA were to
      schemes creates       developer. Amenities and                           components) all the amenities in the        Development                                       mandate these requirements for
      slum           like   open spaces         are    also                    layout (open spaces, health, education,     Control     and                                   developers, slum rehabilitation
      conditions     and    separated between sale and                         etc) should be shared between rehab and     Promotion                                         schemes would get stalled.
      income-based          rehabilitation buildings. Sale                     sale occupants, and the sale units should   Regulations
      residential           buildings are on average 1/4th                     be capped in terms of area (max 50 sqm)     (DCPR).
      segregation           the     density    of    rehab                     to create additional affordable housing
                            buildings. The sale units are                      stock for the city.
                            unaffordable                for
                            a large majority of the
                            citizens.




                                                                                                                                                                                                                  Page 347
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Sr.   Specific Issue / Cause of the problem               Relevant          Proposed Measure / Solution               Whether        Proposal          for Reference       Views and Suggestions of the
No.   problem                                             existing                                                    Proposed       Legislative Reforms                   SRA
      identified                                          Statutory                                                   Measure      /
                                                          Section(s),                                                 Solution
                                                          Regulation(s),                                              requires
                                                          Rule(s),                                                    amendment of
                                                          Circular(s),                                                law         by
                                                          Guideline(s)                                                Legislature
                                                          and      /
                                                                   or
                                                          Judgment(s)
6.    Apportionment of     Government / public after Provisions          of Provision of the DCPR 2034 can be         Yes DCPR -         Charging premium in T-1          1.   On apportionment of land,
      land is uneven,      development goes in the DCPR 2034                overlooked and amended.                   2034               lieu of condonation for               please refer to the response to
      resulting for less   hands      of    the   private                                                             requires a major   open space should be                  point 1(1) above.
      open space and       Developer and Government                                                                   amendment          abolished.                       2.   On e-tendering of slum
      crowded structure    which is the owner of the land                   In SRA project, the Construction                                                                   rehabilitation projects, the
      resulting       in   losses its land.                                 through contractor can be done by way                                                              SRA has addressed a letter to
      vertical slums                                                        of e-tendering process.                                      Authority should be                   the State Government seeking
                                                                                                                                         held responsible                      approval for auctioning slum
                                                                                                                                                                               schemes on government lands
                                                                           Apportionment of the slum land                                                                      which are stalled.
                                                                           between redevelopment area and sale                                                            3.   On disciplinary action against
                                                                           area should be in 50:50 ratio.                                                                      errant officers, please refer to
                                                                                                                                                                               the response in point 5(6) in
                                                                                                                                                                               Table 1.
                                                                           Disciplinary action should be initiated
                                                                           against the officer not following the
                                                                           law.

7.    Congestion and       Slum Act and/ or DC                             Equal distribution of Plot for Rehab and                                            T-9        1.   On congestion in rehab
      inhuman              Regulation is silent on equal                   Sale Competent:                                                                                     buildings, please refer to the
      conditions   in      distribution of plot for Rehab                                                                                                                      response to point 2 above.
      Rehab Buildings.     Component and Sale                              Pre-demarcation and determination of
                           Component. Therefore, the                       S. R. Project into equal proportion                                                            2.   On apportionment of land,
                           Developer uses major / larger                   between Rehab and Sale Plot size [i.e.                                                              please refer to the response to
                           portion of the land, for his                    50% – 50%]. Even in case of merger /                                                                point 1(1) above.
                           Sale Component.                                 amalgamation with adjacent / another
                                                                           S.R. project, the equal (50% – 50%)                                                            3.   The sanctioned plans        are
                           Despite being a public                          distribution of proportion of land                                                                  already published on        the
                           welfare     legislation    the                  amongst Rehab Building and Sale                                                                     SRA’s website.
                           unequal distribution of Plots                   Building shall remain unchanged.
                           amongst the Rehab and Sale
                           Building is a serious concern,                  Depiction and display of such pre-
                           thereby defeating the purpose                   demarcated / determined plan of ‘land
                           of the enactment, apart from                    and building’ under S.R. project
                           being the main reason for                       showing distribution of land for Rehab
                           congestion       in     Rehab                   and Sale component in equal
                           Building.                                       proportion, near the site of dimension
                                                                           10’ x 15’ banner.




                                                                                                                                                                                                                  Page 348
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Sr.   Specific Issue / Cause of the problem                   Relevant             Proposed Measure / Solution                  Whether        Proposal          for Reference    Views and Suggestions of the
No.   problem                                                 existing                                                          Proposed       Legislative Reforms                SRA
      identified                                              Statutory                                                         Measure      /
                                                              Section(s),                                                       Solution
                                                              Regulation(s),                                                    requires
                                                              Rule(s),                                                          amendment of
                                                              Circular(s),                                                      law         by
                                                              Guideline(s)                                                      Legislature
                                                              and       /
                                                                        or
                                                              Judgment(s)
8.    High Density and     The provision of social            NBC 2016 (Part       Land apportioned under the scheme for                        Government should not A-8        1. All the amenities such as
      lack of acceptable   amenities is an essential          3, Section C-        sale component should be used instead                        monetise the value of               balwadis, health centre, skill
      housing              component,        too      often   2.4.2) specifies     to provide rehab buildings with proper                       the land.                           development centre, fitness
      conditions in the    neglected,     in      planning    500     dwellings    light and ventilation, plus all social                                                           centre, yuva kendra, etc. are
      rehab tenements      redevelopment       sites.    In   per units per        amenities such as schools with                               Where the owner of the              provided in every slum scheme
                           particular, it is vital to         hectare as the       playground, pocket parks, healthcare                         land is government,                 in addition to the existing
                           incorporate schools with           maximum              clinics etc. Where possible, city wide                       land ownership be                   reservations. Wherever, DP
                           playgrounds      within      the   density on a plot    amenities must be provided.                                  transferred           to            demands a reservation of
                           development, as well as            from 15 sqm                                                                       Community          Land             school, etc., the SRA is
                           pocket parks, and basic health     apartments      in   In planning redevelopment therefore,                         Reserve        (“CLR”).             providing the same. It is
                           care clinics. Acceptable           four storey walk     the essential amenities to be provided                       CLRs will be required               impossible and unnecessary to
                           housing comprises all these        ups.                 on site must first be defined for the size                   to keep their land                  provide a school with a
                           essential amenities within         Part 3, Section 5    of population to be rehabilitated on that                    exclusively for low                 playground for every scheme.
                           walking distance. It is not just   of NBC 2016          site. On no account should the provision                     income housing. CLRs
                           four walls and a roof.             separately           of adequate amenities be compromised.                        will not be permitted to         2. Moving some eligible slum
                                                              specifies social     Doing this only degrades the                                 sell the land.                      dwellers to another plot would
                                                              amenities to be      development.                                                                                     lead to creation of two
                                                              provided given                                                                    CLR       should    be              categories of slum dwellers who
                                                              the     size    of   As the size of apartment to be provided                      instituted as a non-                are otherwise similarly placed
                                                              population.          in resettlement increases it may be                          profit companies under              before     the    law.     Such
                                                                                   impossible to meet all the conditions                        section 8 of the                    categorization will lead to
                                                              Part 3, Section 8    spelt out above in regard to adequate                        Companies Act, 2013.                several issues at the time of
                                                              of NBC 2018 has      social amenities, density and light and                      The hallmark should be              implementation.
                                                              clear guidelines     ventilation. In that case the only option,                   achieving the utmost
                                                              concerning           and one that should not be ruled out, is                     transparency.
                                                              adequate natural     to relocate some families on adjacent
                                                              light         and    vacant land or in neighbouring
                                                              ventilation      /   redevelopment sites which are less
                                                              space between        overcrowded.
                                                              buildings      for
                                                              facades that have
                                                              windows.




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Sr.   Specific Issue / Cause of the problem                 Relevant              Proposed Measure / Solution                 Whether        Proposal          for Reference    Views and Suggestions of the
No.   problem                                               existing                                                          Proposed       Legislative Reforms                SRA
      identified                                            Statutory                                                         Measure      /
                                                            Section(s),                                                       Solution
                                                            Regulation(s),                                                    requires
                                                            Rule(s),                                                          amendment of
                                                            Circular(s),                                                      law         by
                                                            Guideline(s)                                                      Legislature
                                                            and       /
                                                                      or
                                                            Judgment(s)
9.    Apportionment of    RERA Act, 2016 has been           Section-88            1. As soon as CC is issued, the                                                  A-11        Please refer to the response in Point
      the slum land       enacted          to       bring   makes the RERA        developer shall register the project with                                                    18(1) in Table 3 above.
      between       the   standardisation,                  Act overriding        MahaRERA as per provisions u/s 3&5
      redevelopment       accountability,                   effect over all       of the RERA Act. This will override the
      area and the sale   professionalism,          and     prior         laws.   auction certificate issued by the SRA.
      area                transparency in the real estate   RERA            Act
                          sector. It is a complete code.    already         has   2. The agency for the pocket on behalf
                          Still, multiple regulators        effective             of slum society will be added as a co-
                          regulate the real estate sector   provisions u/s 6      promoter      for representing slum
                          including SRA for slum            for an extension      dwellers on the MahaRERA Website.
                          schemes. A large no. of           if the project
                          projects got stalled. This is     remains               3. The project will be further monitored
                          causing great injustice and       incomplete after      or regulated as per provisions under the
                          losses to the ultimate            the expiry of the     RERA Act through MahaRERA.
                          stakeholders for no fault on      validity of the
                          their            part     and     registration,         4. The apportionment of the land of the
                          frustrating/defeating       the   revocation       of   slum pocket will be based on FSI
                          objectives of RERA.               registration u/s 7,   Consumption between the rehab area
                                                            completion of an      and the sale plot area as per provisions
                                                            incomplete            u/s 17 of the RERA Act by MahaRERA.
                                                            project     whose
                                                            registration is
                                                            lapsed           or
                                                            revoked u/s 8.




                                                                                                                                                                                                                       Page 350
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Sr.   Specific Issue / Cause of the problem                    Relevant         Proposed Measure / Solution               Whether        Proposal          for Reference     Views and Suggestions of the
No.   problem                                                  existing                                                   Proposed       Legislative Reforms                 SRA
      identified                                               Statutory                                                  Measure      /
                                                               Section(s),                                                Solution
                                                               Regulation(s),                                             requires
                                                               Rule(s),                                                   amendment of
                                                               Circular(s),                                               law         by
                                                               Guideline(s)                                               Legislature
                                                               and      /
                                                                        or
                                                               Judgment(s)
10.   No        long-term    No thought and planning has                        A portion of the project's commercial                                          A-17          The current norms of the SRA
      planning         for   gone into the long-term                            benefits shall be mandatorily allocated                                                      ensure rehabilitation and adequate
      ensuring         the   viability and maintenance of                       to a fund for long-term maintenance and                                                      maintenance of rehabilitation
      livability of slum     slum rehabilitation areas.                         improvement of rehabilitated areas.                                                          buildings.
      rehabilitation         This includes both the rehab
      accommodation          buildings as well as the                           Planning norms to ensure adequate
                             general area in which they are                     open spaces in such areas.
                             located
                                                                                Slum dwellers shall be provided with
                                                                                financial literacy training and given
                                                                                options for monetizing their benefits,
                                                                                should they choose not to occupy the
                                                                                rehabilitated property




11.   Poor          living   Statutory framework under         Slum Act          Apportionment of slum land between Partly                State and the SRA as A-27A        1.   On prescribing maximum
      conditions, high       the Slum Act and the DCPR,                          rehab and free sale area should be done                  the planning authority,                density, please refer to the
      density, no proper     2034 enables the unscientific     Section 15A (3) on scientific basis.                                       should initiate changes                response in point 2 above.
      amenities, adverse     and                 inequitable   and (4)           DCPR, 2034 provides for maximum                          to the statutory regime
      health           and   apportionment of the slum                           tenement density norms in Regulation                     which would ensure a              2.   On apportionment of land
      environmental          land between the rehab area       Section 3A        No.30 for non-slum rehabilitation                        larger apportionment                   between the rehab and sale
      conditions, lack of    and the free sale area.           Section 8         projects. Regulation 30 prescribes a                     of land to the rehab                   component, please refer to the
      privacy exposing       The slum dwellers have been,                        maximum tenement density of 450 per                      components and which                   response in point 1 above.
      women             to   and are, rehabilitated in 1/4th   DCPR, 2034        hectare where the FSI is 1                               would lead to a more
      increased abuse,       to 1/3rd of the land area they    The DCPR, 2034 Maximum density of 600 t/ha should be                       rational construction of          3.   On provision of amenities,
      poor maintenance,      occupied, thereby increasing      contains        a fixed for rehab. This would be                           rehabilitation                         please refer to the response in
      no fire safety etc.    congestion three-fold.            plethora       of consistent with maximum density of                       buildings.                             point 8(1) above.
                             Currently there is no cap on      regulations       450 t/ha specified under DCPR 2034.
                             maximum density. Instead,         which ensure that                                                                                            4.   In slum schemes, convenience
                             there is a minimum density        when buildings Inadequate amenities are provided as                                                               shops are allowed on internal
                             for rehab. Rehab buildings        are constructed, per the current SRA policy—area                                                                  roads.          Additionally,
                             are segregated on 25-30% of       they provide the equivalent to one tenement area for                                                              commercial tenements are also
                             the total slum land. The          necessary natural balwadi, society office & community                                                             accommodated.
                             density of their buildings has    light, air and centre, each against 100 rehab
                             serious       human        and    ventilation    to tenements, and proportionately more                                                        5.   The BMC maintains a TDR
                             environmental consequences.       their occupants. for higher numbers of tenements. There                                                           bank. These documents are



                                                                                                                                                                                                                   Page 351
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Sr.   Specific Issue / Cause of the problem   Relevant             Proposed Measure / Solution               Whether        Proposal          for Reference    Views and Suggestions of the
No.   problem                                 existing                                                       Proposed       Legislative Reforms                SRA
      identified                              Statutory                                                      Measure      /
                                              Section(s),                                                    Solution
                                              Regulation(s),                                                 requires
                                              Rule(s),                                                       amendment of
                                              Circular(s),                                                   law         by
                                              Guideline(s)                                                   Legislature
                                              and       /
                                                        or
                                              Judgment(s)
                                              There are so         is no mandatory provision for shops,                                                            available in the public domain.
                                              many                 markets, health care, education,                                                                If the slum TDR from one
                                              regulations          recreation etc., even for large rehab                                                           slum scheme is allowed to be
                                              which       ensure   projects. The standards specified in in                                                         utilised in another slum
                                              this            by   DCPR 2034 and town planning                                                                     scheme, the density in the
                                              prescribing open     schemes based on development area                                                               other scheme will increase
                                              spaces,     height   and population for development, to be                                                           while the FSI on the said plot
                                              restrictions and     implemented in slum redevelopment                                                               remains the same. Eventually,
                                              distance between     projects.                                                                                       the slum TDR will remain
                                              two buildings.                                                                                                       unutilised. Therefore, the
                                                              Slum TDR sale and purchase to be                                                                     suggested      mechanism     is
                                                              restricted for use in other slum                                                                     faulty.
                                              Sub regulations redevelopment projects to maintain a
                                              3.14 to 3.16 of uniform density across various slum                                                             6.   On discretionary powers of the
                                              Regulation      pockets that currently are unequal. SRA                                                              CEO to relax norms, please
                                              33(10)          can also operate a Slum TDR bank for                                                                 refer to the response in point
                                                              ease of TDR encashment and sale and                                                                  10(2) in Table 3.
                                              Sub regulations regulate its pricing.
                                              3.12 (A) of
                                              Regulation
                                              33(10)          SRA has been issuing circulars time-
                                                              and      -again    providing    multiple
                                              Sub regulations concessions to the required provisions
                                              2.1 to 2.9 of of FSI entitlement, open spaces,
                                              Regulation      distances between buildings, building
                                              33(10)          heights, fire regulations, light and
                                                              ventilation etc. The practice of
                                              Sub regulations concessions and premiums, granted
                                              6.15 to 6.17 of under discretionary power of CEO of
                                              Regulation      SRA be totally stopped.
                                              33(10)


                                              Regulation    No.
                                              30

                                              Regulations 36 to
                                              46




                                                                                                                                                                                                     Page 352
                                                                                                                                                                                                     88
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Sr.   Specific Issue / Cause of the problem                Relevant            Proposed Measure / Solution                Whether        Proposal          for Reference    Views and Suggestions of the
No.   problem                                              existing                                                       Proposed       Legislative Reforms                SRA
      identified                                           Statutory                                                      Measure      /
                                                           Section(s),                                                    Solution
                                                           Regulation(s),                                                 requires
                                                           Rule(s),                                                       amendment of
                                                           Circular(s),                                                   law         by
                                                           Guideline(s)                                                   Legislature
                                                           and      /
                                                                    or
                                                           Judgment(s)
12.   Congestion and      Slum Act and/ or DC              No provision for    Equal distribution of Plot for Rehab and                                        T-10        1.   On apportionment of land
      inhuman             Regulation is silent on equal    apportionment of    Sale Competent:                                                                                  between the rehab component
      conditions     in   distribution of plot for Rehab   land     amongst    a. Pre-demarcation                   and                                                         and free sale component,
      Rehab Buildings.    Component         and     Sale   Slum Dwellers            determination of S. R. Project into                                                         please refer to the response in
                          Component. Therefore, the        Rehab Building           equal proportion between Rehab                                                              point 1 above.
                          Developer uses major / larger    and          Sale        and Sale Plot size [i.e. 50% –
                          portion of the land, for his     Building.                50%]. Even in case of merger /                                                         2.   On display of demarcated area,
                          Sale Component.                                           amalgamation with adjacent /                                                                please refer to the response in
                          Despite being a public                                    another S.R. project, the equal                                                             point 7(3) above.
                          welfare     legislation    the                            (50% – 50%) distribution of
                          unequal distribution of Plots                             proportion of land amongst Rehab
                          amongst the Rehab and Sale                                Building and Sale Building shall
                          Building is a serious concern,                            remain unchanged.
                          thereby defeating the purpose                        b. Depiction and display of such pre-
                          of the enactment, apart from                         demarcated / determined plan of ‘land
                          being the main reason for                            and building’ under S.R. project
                          congestion       in      Rehab                       showing distribution of land for Rehab
                          Building.                                            and Sale component in equal
                                                                               proportion, near the site of dimension
                                                                               10’ x 15’ banner.




                                                                                                                                                                                                                  Page 353
                                                                                                                                                                                                                  89
                                        IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL
                                                                   JURISDICTION
                                                        SUO MOTO WRIT PETITION NO. 1 OF 2024




IN RE: PERFORMANCE OF AUDIT OF THE MAHARASHTRA SLUM AREAS (IMPROVEMENT,
CLEARANCE AND REDEVELOPMENT) ACT, 1971.
                                                                                                                                     …Petitioner

                                         Versus
THE STATE OF MAHARASHTRA & ORS.
                                                                                                                                   …Respondents




                     SUGGESTIONS REGARDING OBLIGATION TO PROVIDE TRANSIT ACCOMODATION TO THE SLUM DWELLERS PENDING REDEVELOPMENT




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Sr. Specific   Issue Cause of the problem              Relevant           Proposed      Measure      Whether             Proposal          Reference Views and Suggestions of the SRA
No.            /                                                   exis                 /            Proposed            for Legislative
    problem identified                                 ting Statutory     Solution                   Measure /           Reforms
                                                       Section(s),                                   Solution
                                                       Regulation(s),                                requires
                                                       Rule(s),                                      amendment of
                                                       Circular(s),                                  law by
                                                       Guideline(s)                                  Legislature
                                                       and / or
                                                       Judgment(s)
1.   Transit           During the pendency of          Regulation         The SRA ought     to      Yes.               Section 33 and 38 T-7         After the eligibility is decided, there is an appeal available to the
     Accommodation for eligibility cases, the                       33(                     adopt            Propose   should                        persons found ineligible. During the period available for the
     all occupants     developer is required to        10)               an immediate/summary d                        include summary               appeal, such people cannot be evicted. Thereafter, process of
                       accommodate          the        VIII (4) of       eviction procedure for Measure/Solutio        eviction        of            eviction is initiated but is subject to any interim orders by the
                       occupants in transit            DCPR 2034                            evicti n requires          ineligible                    Appellate authority.
                       tenements.                                        on of such occupants amendment                occupants    from
                                                       Section 33 and 38 from        the    transit of       law       transit tenements             Considering this, the SRA takes a deposit of 1 year’s rent even
                              However, even when                         tenements within a period by Legislature.     (under                        for ineligible slum dwellers and they can be removed on the
                              the eligibility of the                     of 15 days from the date                      Regulation 33(10)             payment of the rent.
                              occupant is decided, and                   of the declaration of Regulation              VIII (4) of
                              such occupants are                         ineligibility.                            33(        DCPR
                              declared        to      be                                            10)                2034) within a
                              ineligible,          such                                             VIII (4)           period of 15 days
                              occupants refuse to                                                   of DCPR 2034       from the date of
                              vacate      the    transit                                                               the Order passed
                              tenements which leads                                                  Section 33 and 38 by the Competent
                              to financial burden on                                                                   Authority.
                              the developer for
                              payment of rent for such
                              ineligible occupants.
2.   Shortage     of          Severe shortage of Regulation               There ought to be No.                  --                        T-7      There is no mandate to provide temporary transit accommodation
                  transit     transit camps are being 33(10)              construction         of                                                   and there is always the alternative of payment of rent. The
     camps                    faced which prevents                        permanent transit camps                                                   Government had pursuant to orders of this Hon’ble Court in Writ
                              from developers from                        on developable lands Regulation 33(10)                                    Petition (L) No. 8973 of 2023 formed a committee headed by the
                              shifting slum dwellers                      across Mumbai. This is                                                    former Chief Justice of the Allahabad HC to suggest measures for
                              to                                          already    contemplated                                                   creation of sufficient PAPs. The committee submitted a report
                                                  altern                  under the draft housing                                                   and, on the basis, thereof, the Government came out with
                              ative                                       policy 2024.                                                              Government Resolution No: Yachika – 2023/Pro.No.220(Part –
                              accommodation.                                                                                                        1)/ Slum – 2 dated 19th August 2024 which sets out the policy for
                                                                                                                                                    generation and allotment of PAPs.

3.   Developers failing       Weak / No Regulation     33 (10) VIII     SRA       should      take                                         T-6      The SRA has implemented Circular 210, which mandates deposit
     to pay transit rent to   by SRA to ensure that    4.2,             cognizance      of     the                                                  of 2 years rent in advance and further 1 year rent in the form of
     eligible         slum    the Developers fulfill   DCPR, 2034       collusion b/w its officers                                                  PDCs. This mechanism ensures that there are no defaults in rents.
     dwellers or issuing      the terms of the                          and the Developers and
     dishonored               agreement.               Circular No.     take action regarding the                                                   In the event there is non – payment of rents, no permissions are
     cheques.                                                    210    same thereby ensuring                                                       issued in favour of the developer in any project till the default is
                                                       dated 01.08.2023 effective                                                                   remedied.


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                                                                          implementation of the                   The SRA has proposed a legislative amendment to the State
                                                        Circular No. 210- existing regulations that               Government which would allow it to issue a recovery certificate
                                                        A dated           mandate the Developer                   for dues of transit rent and recovery of such transit rent by way
                                                        23.02.2024        to               provide                of attachment and sale of the developer’s property.
                                                                                                  t
                                                                          ransit
                                                                          rent/accommodation
                                                                          during the project.
4.   Developers do not      The developers are          Circular No. 210 Transit accommodation             T-6   Please see response to items 2 and 3.
     invest in transit      given the option to         dated             must be provided, and
     camps            but   either provide transit      23.02.2024        the same should be
     occupants are paid     accommodation, or to        stating      that included      in      the
     mutual agreed upon     provide rent. This gives    advance rent of individual agreements.
     rent, and ultimately   them an opportunity to      two years must
     this payment of rent   flout the obligation, by    be provided       Transit accommodation
     amount is also         restricting the rent                          should be in buildings /
     stopped by the         payment only in the                           flats / rooms owned by
     Developers.            initial months.                               the Developer with clear
                                                                          undertaking that the
                                                                          Developer shall not
                                                                          create any third-party
                                                                          rights     over     these
                                                                          premises till permanent
                                                                          accommodation           is
                                                                          provided to the slum
                                                                          dwellers.

                                                                           If at all rent is to be paid,
                                                                           it must clear terms
                                                                           regarding the payment
                                                                           must be recorded in the
                                                                           agreement itself.

                                                                           Advance rent of two
                                                                           years must be deposited
                                                                           by the developers in the
                                                                           escrow account, as
                                                                           provided         under.
                                                                           (Circular No. 210 dated
                                                                           01.08.2023.) The rent
                                                                           must
                                                                           increase every year by
                                                                           10%.
5.   Inhumane               Weak/ No Regulation         33(10)  VIII       Families          spend         T-6      1. Permanent transit camps, apart from nomenclature, are
                     li     by      the     Statutory           4,         anywhere between 3-4                        identical to rehab projects.
     ving conditions in                        Autho    DCPR, 2034         years      in    transit
     transit                rities (MMRDA in this                          accommodations.                          2. On the financial capacity of developers, the SRA will
     accommodations         case) to ensure that the    33(10)  VIII       Therefore, permanent                        frame guidelines in this regard.
     provided to the        appointed      Developer            8,         and temporary transit
     slum dwellers          fulfils the terms of the    DCPR, 2034         settlements        must                  3. In schemes where complaints were received for quality of
                            agreement.                                     conform to open space                       building, scarcity of water etc., the SRA has directed the
                                                        33(10)    VIII     and amenity norms as                        developer to carry out major repairs. Apart from the


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                                                          9,        per NBC for income                                                          above, regular repairs are carried out by the developer at
                      No proper verification DCPR, 2034             housing.                                                                    the behest of the slum dwellers. Additionally, the SRA,
                      of the financial capacity                                                                                                 through the developer obtains a structural stability
                      of     the     appointed Circular                                                                                         certificate in respect of the temporary transit camp. The
                      Developer to execute                    d                                                                                 SRA has also extended the option of shifting to available
                      the project.              ated 15.12.2003                                                                                 permanent transit camps in Malad. However, the slum
                                                                                                                                                dwellers have not exercised this option.
                      No legal mechanism in Circular
                      place for the slum                    d                                                                                   Complaints of slum dwellers with respect to transit
                      dwellers/ PAPs to raise ated 10.11.2009                                                                                   tenements are sufficiently heard by the SRA in forums
                      this issue before a                                                                                                       such as the Janta Darbar that are functioning twice every
                      competent authority     Circular No.                                                                                      week.
                                                        108
                                              dated 05.01.2010                                                                                  The SRA is considering framing the minimum
                                                                                                                                                requirement policy setting down the standards to be
                                                                                                                                                maintained in transit accommodations and such
                                                                                                                                                conditions can be made the conditions of the LOI the
                                                                                                                                                breach of which may lead to an action of the Developer.

7.   Transits         Timely rent not paid by   Various             Escrow Account 2 years Law already exist          Authority should T-1
     accommodation    the developer to the      guidelines    by    advance rent.             but           the       be held responsible    1. As regards suggestions on rent, Circular 210 now governs
     and rent issue   slum Dwellers.            Hon’ble                                       implementation is       for non-action on         the field.
                      Eligibility withheld or   supreme court       Auto Disbursal of rent to not done proper         the developer not
                      prolonged with official   Also Circular no.   the slum dwellers by the by the authority.        paying rent.           2. On blacklisting of developers, please refer to the response
                      so as to refrain from     153, 166, 146       SRA.                                                                        in points 7(5) and 7(6) of Table 3.
                      payment of the rent to                                                  Provision
                      slum dweller                                  Interest on arrears of for          penalty/                             3. Covid and other similar conditions resulted in default on
                                                                    rent to be charged on disciplinary                                          transit rent. SRA, after receiving numerous complaints
                                                                    Developer.                action should be                                  and grievances, formulated various measures. These
                                                                                              inserted        in                                included deposit of advance rent of 2 years and post dated
                                                                    After passing order of existing law.                                        cheques for the 3rd year with SRA before giving any
                                                                    stop work, if the rent is                                                   permissions. SRA distributes the rent to slum dwellers
                                                                    not paid then he be Inculcation                                             directly into their bank accounts. As per circular 210, if a
                                                                    declared as Black listed Guidelines                                         developer defaults in payment of transit rent, they are
                                                                    and no further work be by Hon’able                                          ineligible to submit new proposals until the outstanding
                                                                    given to him.                          Bom                                  rent is paid.
                                                                                              bay high Court
                                                                    Increment 10% each for arrears of                                        4. As per circular 153, the SRA already stipulates 5%
                                                                    year on rent.             rent.                                             increment each year in rent. But 10% will be considered
                                                                                                                                                by SRA.
                                                                    Amount of Rent could        Application
                                                                    be decided on the basis     for arrears of rent                          5. As of now, developer and slum dweller mutually decide
                                                                    of Ready Reckoner rate      has to be decided                               on the amount of rent. Since it is a private contract
                                                                    rather than leaving it to   by committee and                                between both the parties, it is proper for them to decide
                                                                    be decided by the           not              by                             the rent. Although, base rate certain can be declared by
                                                                    handful members of the      the                                             SRA. SRA will consider the proposal.
                                                                    Society and Developer.      Assistant
                                                                                                Registrar                                    6. SRA does follow the procedure for recovery of rent. This
                                                                    Clear         procedure                                                     procedure is not always successful for recovery of unpaid
                                                                    described in Circular no.                                                   transit rent. So SRA has proposed to the State
                                                                    153 of SRA be followed                                                      Government for an amendment to the Slum Act for the
                                                                    which will reduced                                                          recovery of rent. A proposal has also been sent to the State


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number of cases filed in        Government to permit issuance of a recovery certificate
Hon’ble Bombay High             against the defaulting developers and attachment of
Court.                          personal properties of developers pursuant to execution of
                                such certificate Additionally, the SRA has also proposed
Independent Committee           sale of such attached properties. Currently, to check
has to be formed for            different schemes where non-payment of transit rent is
deciding            the         alleged, the SRA has started appointing panel auditors of
applications for the            co-operative housing societies for determination of
arrears of rent, rather         default in rent amount. Additionally, in respect of
than leaving it on              schemes where building permissions have been granted,
Assistant Registrar of          compliance with Circular 210 will be monitored and the
Co- operative society,          SRA will direct the developer to deposit further rent if the
which have failed to            scheme is not completed in 3 years. The SRA will ensure
perform     his    duty         that complaints with respect to transit rent are reduced. As
resulted in number of           such, the current staff is sufficient for that purpose.
cases     pending    in
Hon’ble Bombay High          7. The SRA has developed a rent Management System –
Court.                          Software so that rent related issues can be apply and
                                resolved easily.
Stop Work notice issued
for non-payment of rent      8. The SRA is considering developing a system wherein the
should not be withdraw          developer will be mandated to report the status of rents
without       intimating        paid / collected by each developer every month. The
                  to            consequences of failure to do so are also being considered.
                  the
Complainant           and    9. Allotment of tenement will be done to the eligible slum
opportunity of hearing          dwellers by way of lottery as per the provisions of the
be given to him/her.            DCPR. Although the provision of tenement is done for all
                                dwellers, whether eligible or ineligible, allotment of
Once the IOA, lay out           tenement without considering eligibility will be improper.
and Draft plan of the
scheme is approved the       10. On disciplinary action against errant officers, please refer
allotment by the way of          to the response in point 5(5) in Table 1.
lottery should be done
irrespective     of    the   11. Once an application for eligibility is made before the
eligibility of the slum          Competent Authority under the GRs dated 2015 and 2018,
dwellers. If the slum            the Competent Authority decides on eligibility within 3
dweller fails to prove his       months if all requisite documents are duly submitted.
eligibility before the CC        Allotment cannot be completed before deciding
his allotment should be          eligibility. It is also impossible to complete the allotment
converted into PAP,              procedure before CC. Currently, annexure-II is not
which will bound the             finalized as the slum dwellers do not approach the
authority to decide the          Competent Authority. The SRA will consider requiring a
application         within       slum dweller to approach the Competent Authority within
specified time limit.            3 years of finalization of Annexure-II. In case, a person is
Disciplinary        action       declared ineligible, they can prefer an appeal before the
should be initiated              Appellate Authority under Section 35.
against the officer not
following the law.




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8.   Fixation   of      There is no mechanism                 Fixation of minimum         T-9   1. On fixing transit rent, please refer to the response in 7(4)
                Transit under the Scheme, to fix              transit rent should be by            above.
     Rent,           by reasonable transit rent               SRA considering the
     Developer.         and the same is left to               location     and    other         2.   On a tripartite agreement, once the legislation provides for a
                        the Developer, this                   factors in consultation                minimum rent, a tripartite agreement will not be useful
                        leads to dispute between              with stakeholders –
                        the Developers and the                minimum 5% year wise              3.   On fixing minimum rent, please refer to the response in 7(4)
                        slum dwellers.                        increase     should    be              above.
                                                              implemented strictly. In
                         That a mechanism                     this regard, a condition          4.   If the slum dwellers and developer wish to register the
                         should be devised for                should be recorded in                  agreement, that may be allowed.
                         uniformity of payment                LOI itself.
                         of rent to all the slum                                                5.   SRA will send a proposal for the exemption of stamp duty to
                         dwellers    as     large             Registered Tri-partite                 the State Government.
                         number      of     slum              Agreement       between
                         dwellers are aggrieved               Developer, Society and
                         by quantum of transit                Slum-Dwellers should
                         rent and have been                   be executed at the time
                         running from pillar to               of
                         post for transit rent                appointment           of
                         before SRA.                          Developer,      wherein,
                                                              transit rent amount
                         This Hon’ble Court is                payable to slum dwellers
                         burdended with a lot of              should be mentioned
                         litigation due to non-               [Stamp duty should be
                         payment of transit rent.             exempted].
                         Minimum Transit Rent,
                         considering    location
                         and      other  factors,
                         should be, decided by
                         SRA and, not left to the
                         Developer.

                        Developers arbitrarily
                        decide nominal / meagre
                        transit rent amount, by
                        managing             the
                        Committee Members of
                        the Society, which then
                        becomes binding on all
                        the members.
9.   Advance Rent to be Though Circular No. Circular No.  Circular No. 210 and            T-9    Currently, Circular 210 is applicable for all new schemes. The
     paid    by     the 210 and 210A mandates        210  210 A of SRA, should be                advance rent is to be paid at the time of Annexure III. LOI is
     Developer.         payment of 24 months and 210 A of implemented strictly and               only issued by the SRA after advance rent is deposited. For
                        advance rent + 12 SRA.            incase     of   default,               ongoing schemes, the advance rent provision is made applicable
                        months thereafter post            proceedings           for              when the developer submits an application for new approvals.
                        dated                             cancellation           of
                        cheque,         however,          Developer [u/sec. 13(2)                Effectively, the SRA can take action against the developer if rent
                        despite this, it is seen          of Slum Act], should be                is pending. The SRA will consider if any improvements can be
                        that the Developer are            initiated suo-moto by                  made to this framework and assess if proceedings under Section
                        defaulting,     due   to          SRA.                                   13(2) can be resorted to.
                        ineffective


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                            implementation of these
                            Circulars.




10. Default in payment No            effective          In case of default in        T-9    Please refer to the response in point 9 above.
    of rent.           consequences incase of           payment of Rent or any
                       default in payment of            act or omission contrary
                       rent.                            to the S. R. Scheme, then
                                                        proceedings            for
                                                        cancellation            of
                                                        Developer [u/sec. 13(2)
                                                        of Slum Act], should be
                                                        initiated suo-moto
                                                        by SRA.
11. Only 02 (two) Asst.     At present there are only   At least 04 (four)           T-9    Considering initiatives by SRA which includes existing
    Registrar of Co-op.     02 (two) Asst. Registrar    Officers of SRA, should             measures under Circular 210 and proposed measures with
    Societies [In short     of Co- op. Societies [In    be appointed by SRA,                respect to recovery certificate and attachment, SRA may not
    ‘ARS’] to decide        short ‘ARS’] to decide      exclusively dedicated,              require extra officers.
    issue of transit rent   transit rent of slum        for deciding rent and
    of slum dwellers.       dwellers,    who      are   lottery related issues for          The SRA, as stated above is considering bringing about a system
                            burdened with many          speedy disposal of                  where the developer will have to update the deposit of rents
                            functions.                  grievances of Slum                  monthly. This database will ensure that the exact status of
                                                        Dwellers, Society and               payment of rents to the slum dwellers is readily available.
                                                        Developer.
                                                                                            The process for submitting rent related complaints has now been
                                                        Any           complaint/            changed. All complaints in respect of non-payment of rent can
                                                        grievance of rent should            now be filed online on the portal of the SRA. On the complaint
                                                        be decided on priority              being uploaded, the SRA is mandated to initiate action against
                                                        and In case of default,             these complaints in 15 days wherein the developer is asked to
                                                        found on part of                    pay the rent to the slum dweller.
                                                        Developer, it should
                                                        immediately followed
                                                        with     ‘Stop     Work
                                                        Notice’, and on further
                                                        default with 13(2)
                                                        proceedings.
12. Delay in payment The Slum dwellers only             The slum dwellers            A-10   The process for submitting rent related complaints has now been
    of transit rent  remedy is to approach              should be provided with             changed. All complaints in respect of non-payment of rent can
                     the Nodal officer of the           the default transit rent            now be filed online. The SRA is mandated to initiate action
                     SRA to claim the                   along with the same                 against these complaints in 15 days wherein the developer is
                     default transit rent. The          amount of rent towards              asked to pay the rent to the slum dweller.
                     said Nodal Officers take           compensation / penalty
                     hearings for a period of           and on failure of the               In case he fails to do so in a one – month time period, either a
                     more than 2 years and              developer to pay such               stop work notice in respect of sale portion is issued against him
                     the Slum dweller has to            amount, then the SRA                and if the failure continues action is taken under S. 13(2) of the
                     pay the rent from his              Authority should pay the            Slum Act. The hearing by nodal officers has now been
                     pocket for the said                same from the amount of             discontinued.
                     default           period,          premium deposited by
                     sometimes by taking                the developer and in the
                     loans on heavy interest            event of appointment of


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                           rates or if he cannot             new developer the same
                           afford to pay the rent            should be recovered
                           along with the family             from the new developer.
                           expenses is being forced          Further, there should be
                           to sell the structure at a        time bound hearing for
                           very low price and                the default transit rent
                           thereby the         whole         proceeding.
                           family of the Slum
                           dweller is ruined. There
                           is no provision for
                                              paym
                           ent of compensation /
                           penalty by the developer
                           for the said
                           delayed period.
13. Developers failing     The      developers     in        No allotment should be       A-10   The SRA has formulated a policy which requires the developer to
    to pay transit rent    connivance with the               allowed without the O.C             handover rehab tenements to the SRA. SRA does not accept any
    and       allotting    SRA Officers with the             and payment of the                  premises without the OC. The SRA then hands over possession
    premises without       intent to escape from the         transit rent. Further, the          of such tenements to eligible slum dwellers. The SRA will fine
    OC in order to save    liability of payment of           developer should not be             tune this process to make improvements.
    on rent                the transit rent, makes           allowed to sell or create
                           the      allotment      of        third party rights of the
                           permanent                         50% of the sale
                                                   Tr        component till O.C. to
                           ansit accommodation               rehab component is
                           without                           issued and the transit
                           O.C. and the Slum                 rent is cleared by the
                           Dwellers are being                developer
                           forced and black mailed
                           to sign the undertaking
                           that they have received
                           the default transit rent
                           and there is no rent
                           pending       with     the
                           developer, else, the
                           developer never gives
                           the allotment to the
                           Slum Dweller.
14. Obligation        to   The entire process for RERA Act   1. The developer will        A-11   1. New initiatives of SRA such as Circular 210 are more
    provide     transit    Slum       Rehabilitation         pay transit rent in two                beneficial to slum dwellers since it ensures advance rent
    accommodation for      Schemes is developer-             instalments – (a) On                   payment even before the LOI stage. An IOD is issued after
    the slum dwellers      centric,         electoral        receipt of the IOD, the                the LOI stage.
                           politics-oriented instead         successful bidder shall
                           of policy-centric and             deposit amounts towards             2.   The RERA does not apply to the rehab portion and SRA.
                           objective of making               transit rent for all slum                SRA is not only a planning authority for slum rehabilitation.
                           Mumbai a slum- free               dwellers initially for six               They are a regulatory authority for slum dwellers and for the
                           city. Contradictory and           months with SRA; and                     rehabilitation portion. If the real estate authority under RERA
                           personal interests of             (b) On vacating the plot,                also starts looking into grievances of slum dwellers, it will
                           slum dwellers, the                the successful bidder                    lead to dual regulatory control over schemes which is not
                           Managing Committees,              shall deposit rent for the               proper.
                           persons with vested               remaining
                           interests,           local        redevelopment period


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politicians, developers,     for    eligible     slum
conflicting laws and         dwellers.
procedures and frequent
changes                 in   2. Subsequent disputes
policies/procedures/offi     will be adjudicated by
cials, give rise to many     MahaRERA              by
complications that do        considering the eligible
not     allow     smooth     slum dweller as an
complete and timely          allottee as described u/s
implementation. This         2(d) of the RERA Act.
tempts           officials   Changes in the RERA
involved to misuse their     Act to that extent shall
discretion.         Huge     be made.
workload, pressure to
recover      the     huge    3. Rent is already
premium       paid     for   considered           as
getting      posts      in   compensation u/s 12 &
uncertain tenure, vague      18(3) of the RERA Act.
laws,          conflicting   Hence no need t.o make
                             any further changes.
judgments, dictation of
political bosses, etc.
have made officials
insensitive leading to
rampant       corruption.
Since every stakeholder
exploits       maximum
monetary gains, all
prefer to conveniently
remain silent.
There is hardly any
policy or even a
judgment that speaks
about       the       real
stakeholders         who
ultimately take burden
of the rehabilitating the
encroachers viz. either
the flat buyers by
purchasing              at
unreasonably         high
prices or the private
redevelopment projects
where it is compulsory
to     purchase     TDR
generated from such
slum schemes. These
stakeholders spent their
golden years of life
paying EMI for housing
loans and/or paying
taxes.


                                                              Page 362
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                         RERA Act, 2016 has
                         been enacted to
                                        bring
                         standardisation,
                         accountability,
                         professionalism,

                         and transparency in the
                         real estate sector. It is a
                         complete code. Still,
                         multiple       regulators
                         regulate the real estate
                         sector including SRA
                         for slum schemes. A
                         large no. of projects got
                         stalled. This is causing
                         great injustice and
                         losses to the ultimate
                         stakeholders for no fault
                         on their part and
                         frustrating/defeating
                         the objectives of RERA.
15. Rent/interim         This is one of the areas Section 13(2)    DCR 2034 should be         A-17   1. The rights of slum dwellers provided under Regulation
    compensation/trans   most in need of reform And         DCPR   amended to take into                 33(10) in paragraph 1.16 does refer to transit rent. Default of
    it accommodation     and is also the source of 33(10)          account payment of rent              transit rent is viewed very seriously by SRA and various
                         a large amount of                         in lieu of transit                   actions. New initiatives of recovery certificate, advance rent
                         litigation where slum-                    accommodation. If this               will result in decrease of rent complaints.
                         dwellers approach the                     is done powers can be
                         High Court for payment                    devolved upon the SRA             2.   On minimum rent/criteria for fixing rent, please refer to the
                         of rent.                                  or the State Govt. to                  response in 7(4) above.
                                                                   ensure          adequate
                         The Slum Act and DCR                      oversight of the same.
                         33(10)         do       not
                         contemplate payment of                    Additionally
                         rent but provide for                                          uni
                         transit accommodation,                    form guidelines should
                         but in most cases rent is                 be issued by the State
                         paid in lieu of alternate                 Govt./SRA        fixing
                         accommodation. Even                       minimum transit rent to
                         where             alternate               be paid area wise for
                         accommodation            is               SRA schemes. Societies
                         provided, the same is                     and developers are free
                         taken from private                        to agree to a higher
                         landlords.                                amount, but a base rate
                         In many cases the                         ought to be set by the
                         develoeprs enter into                     State Govt./SRA.
                         differential agreements
                         with slum dwellers to                     SRA/Stat Govt. can
                         get their consent. The                    notify a model PAAA
                         SRA and AGRC have                         agreement or set out
                         refused to fix rent and it                mandatory clauses to be
                         is only after intervention                included in such a


                                                                                                                                                                          Page 363
                                                                                                                                                                          99
                                                                                                                     PA
                          of the High Court that       PAAA
                          standard rent has been
                          fixed      and     varying
                          amounts recovered.
                          There are no adequate
                          avenues for the slum
                          dwellers to agitate their
                          disputes.
                          While there is a
                          mechanism            under
                          Section 13 (2) for
                          changing a developer,
                          this has been proved to
                          be largely ineffective
16. Fixation of Transit   In the present S.R.          a.   Fixation          of    T-10   Please refer to the response in 7(4) above.
    Rent, by Developer    Scheme redevelopment              minimum transit
    and obligation of     is completed                      rent should be by
    payment of Transit    O.C. has been granted in          SRA considering
    Rent    to   Slum     the        near      2021.        the location and
    Dwellers.             Occupants        /    Slum        other factors in
                          Dwellers have been                consultation with
                          shifted       in    Rehab         stake holders –
                          Building.        However,         minimum 5% year
                          dispite          regarding        wise       increase
                          payment of transit rent           should            be
                          to slum dwellers is               implemented
                          pending before Ld.                strictly. In this
                          AGRC by following                 regard, a condition
                          Application / Appeal:-            should be recorded
                                 (i) Application /          in LOI itself.
                                              Appeal   b.   Registered       Tri-
                               [L] No. 26 of 2023           partite Agreement
                                [Harishchandra               between
                                                            Developer, Society
                                Kesharwani and
                                                            and Slum-Dwellers
                                Anr vs SRA];
                                                            should be executed
                                 (ii) Application /
                                                            at the time of
                                              Appeal
                                                            appointment       of
                               [L] No. 24 of 2023           Developer,
                                [Abbas Hussain              wherein,      transit
                                            and Ors         rent        amount
                                vs SRA];                    payable to slum
                                 (iii) Application /        dwellers should be
                                              Appeal        mentioned [Stamp
                              [L] No. 27 of 2023            duty should be
                                [Abdul Samad                exempted].
                                Ismail Maknojiya
                                vs SRA];


                          There is no mechanism
                          under the Scheme, to fix



                                                                                                                                         Page 364
                                                                                                                                         100
                                                                                                                        PA
                            reasonable transit rent
                            and the same is left to
                            the Developer, this
                            leads to dispute between
                            the Developers and the
                            slum dwellers.
                                 That a mechanism
                            should be devised for
                            uniformity of payment
                            of
                            rent to all the slum
                            dwellers as large number
                            of slum dwellers are
                            aggrieved by quantum of
                            transit rent and have been
                            running from pillar to
                            post for transit rent
                            before      SRA.       This
                            Hon’ble        Court       is
                            burdended with a lot of
                            litigation due to non-
                            payment of transit rent.
                            Minimum Transit Rent,
                            considering       location
                            and      other     factors,
                            should be, decided by
                            SRA and, not left to the
                            Developer.
                                 Developers
                            arbitrarily         decide
                            nominal / meagre transit
                            rent      amount,        by
                            managing                the
                            Committee
                            Members         of       the
                            Society, which then
                            becomes binding on all
                            the members.
                            Thus, once the transit
                            rent rate is fixed
                            litigation     shall     be
                            reduced and payment of
                            transit rent can be made
                            at the level of appointed
                            SRA
                            authorities.
17. Only 02 (two) Asst.     At present there are only       a.   At least 04 (four)   T-10   1. On appointment of additional personnel, please refer to the
    Registrar of Co-op.     02 (two) Asst. Registrar             Officers of SRA,               responses in Point 11 above.
    Societies [In short     of Co- op. Societies [In             should          be
    ‘ARS’] to decide        short ‘ARS’] to decide               appointed by SRA,           2.   On complaints regarding non-payment of transit rent, please
    issue of transit rent   transit rent of slum                 exclusively                      refer to the response in point 15(1) above.
    of slum dwellers.       dwellers,      who      are          dedicated,     for


                                                                                                                                                                Page 365
                                                                                                                                                                101
                                                 PA
burdened with many        deciding rent and
functions.                lottery      related
                          issues for speedy
                          disposal          of
                          grievances of Slum
                          Dwellers, Society
                          and Developer.
                     b.   any
                          complaint/grievan
                          ce of rent should be
                          decided on priority
                          and In case of
                          default, found on
                          part of Developer,
                          it            should
                          immediately
                          followed        with
                          ‘Stop          Work
                          Notice’, and on
                          further default with
                          13(2) proceedings.




                                                      Page 366
                                                      102
                                           IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL
                                                                      JURISDICTION
                                                           SUO MOTO WRIT PETITION NO. 1 OF 2024




IN RE: PERFORMANCE OF AUDIT OF THE MAHARASHTRA SLUM AREAS (IMPROVEMENT,
CLEARANCE AND REDEVELOPMENT) ACT, 1971.
                                                                                                                                         …Petitioner

                                            Versus
THE STATE OF MAHARASHTRA & ORS.
                                                                                                                                       …Respondents




                                  SUGGESTIONS REGARDING LACK OF INDEPENDENCE AND OBJECTIVITY IN FUNCTIONING OF STATUTORY AUTHORITIES




                                                                                                                                                       Page 367
                                                                                                                                                       103
Sr.   Specific Issue /   Cause of the problem          Relevant         Proposed Measure / Solution         Whether Proposed     Proposal for Legislative        Reference   Views and Suggestions of
No.   problem                                          existing                                             Measure / Solution   Reforms                                     the SRA
      identified                                       Statutory                                            requires
                                                       Section(s),                                          amendment of law
                                                       Regulation(s),                                       by Legislature
                                                       Rule(s),
                                                       Circular(s),
                                                       Guideline(s)
                                                       and     /
                                                               or
                                                       Judgment(s)
1.    Issuance of Stop The issuance of stop-work Section 3A(3)          The SRA ought to issue a show-      No.                  Circular/rules may be T-7                   It is against the principles of
      work notices in notices on complaints received of the Slum        cause notice only upon receipt of                        issued clarifying stop-                     natural justice to restrict an
      an     arbitrary by SRA, even on issues which Act                 complaint by atleast 51% of the     Section 3A (3)       work notices may be                         individual's       right     to
      manner           do not pertain to planning or                    eligible slum dwellers and                               issued, only for violation of               complain before the SRA.
                       permissions. In a situation                      conduct a prior hearing and                              permissions or law under                    However, the SRA will
                       where a developer receives a                     inquiry before issuing a stop-                           the DCPR, MRTP Act.                         consider       providing      a
                       stop    work     notice,    the                  work notice.                                             Other civil remedies are                    hearing opportunity and
                       developer has no choice but                                                                               always available to parties.                undertake a verification
                       adopt legal proceedings to set-                                                                                                                       before issuance of a Stop
                       aside such a stop work notice                    The procedure for issuance of                            The SRA ought to issue a                    Work Notice.
                       which leads to prolonged                         stop- work notice ought to be                            show-cause notice only
                       delays and legal costs                           initiated only in cases of                               upon receipt of complaint                   SRA is a supervising
                                                                        violation/non-compliance of any                          by atleast 51% of the                       authority. On any compliant
                                                                        construction    permissions  as                          eligible slum dwellers and                  being brought to its notice,
                                                                        regulated under the relevant                             conduct a prior hearing                     it is duty bound to take
                                                                        regulation of the DCPR and                               and inquiry before issuing                  cognizance of the same
                                                                        MRTP Act.                                                a stop- work notice.                        since it relates to the
                                                                                                                                                                             functioning of a slum
                                                                                                                                                                             scheme. Even dehors any
                                                                                                                                 The procedure for issuance                  complaint, the SRA can act
                                                                                                                                 of stop-work notice ought                   suo – moto. The power of
                                                                                                                                 to be initiated only in cases               the SRA ought not to be
                                                                                                                                 of                                          circumscribed. As regards
                                                                                                                                                violation/non                the issuance of stop work
                                                                                                                                 - compliance of any                         notice, the same is never
                                                                                                                                 construction permissions                    issued lightly without
                                                                                                                                 as regulated under the                      considering the relevant
                                                                                                                                 relevant regulation of the                  facts.
                                                                                                                                 DCPR and MRTP Act.




                                                                                                                                                                                                               Page 368
                                                                                                                                                                                                               104
2.   Regulatory         As currently conceived, slum       Integration          of         slum    Amendment to the        T-6   1. In respect of applicability
     capture and lack   rehabilitation schemes can         rehabilitation under the RERA           Slum Act, a directive            of RERA, please refer to
     of independence    only work if a range of            Act: To overcome the problem of         from the High Court              the response in point 18(1)
     and objectivity    incentives are offered to          information asymmetry between           bringing        slum             in Table 3.
     in           the   private developers to deliver      development         authorities     /   rehabilitation
     functioning of     “free” housing units and           developers and slum-dwellers, for       schemes within the            2. On      setting     up     an
     statutory          amenities to public authorities.   stipulations on time and quality of     purview      of   the            independent body to audit
     authorities        Development authorities seek       construction, and for dispute           RERA Act.                        schemes,        the     State
                        to make                            resolutions, slum redevelopment                                          Government has over the
                        projects more attractive for       projects must be included within                                         years introduced multiple
                        market actors in order to          the ambit of the Maharashtra Real                                        avenues and mechanisms
                        generate revenue or to achieve     Estate Regulation      and                                               to hear grievances and
                        policy objectives such as          Development Act (RERA). It must                                          monitor             schemes,
                        rehousing slum dwellers or         be noted that the RERA defines an                                        Additionally, all orders of
                        creating infrastructure for        "allottee" not only as a “buyer” but                                     the SRA are appealable.
                        public use. This institutional     as a “person to whom a plot,                                             Moreover, all the orders/
                        arrangement is based on            apartment or building...has been                                         notices/          directions/
                        contradictory objectives, since    allotted,    sold...or     otherwise                                     decisions of the CEO are
                        the regulatory agencies have       transferred by the promoter and                                          appealable before the
                        an interest in incentivizing       includes     the     person      who                                     AGRC which was set up
                        development intensity and          subsequently acquires the said                                           after the directions of the
                        relaxing development controls      allotment through sale, transfer or                                      Bombay High Court in
                        rather than enforcing norms        otherwise” and therefore the Act                                         Tulsiwadi Navnirman Co-
                        and ensuring quality of            can very well be extended to slum                                        Operative            Housing
                        construction. The basic rights     rehabilitation projects.                                                 Society v. State of
                        of citizens to voice their                                                                                  Maharashtra            (Writ
                        concerns, to livelihoods, to a     Independent monitoring and                                               Petition No. 1326 of
                        healthful environment, or to       review of the Slum Act: apart                                            2007).
                        public goods are all conceived     from the regulation of projects, it
                        by the government and              is necessary to set up an                                             3. All the scheme related
                        developers alike as costs or       independent and interdisciplinary                                        information is available on
                        impediments to development.        body of individuals that is tasked                                       the website of the SRA.
                        Such is the entanglement of        to evaluate the functioning of slum                                      The       SRA         makes
                        the interests that public          rehabilitation projects in the city                                      improvements to their
                        authorities resemble market        and provide periodic information                                         functioning by issuing
                        actors rather than custodians      and feedback to the public                                               circulars. In cases where
                        of the public interest. It has     regarding the performance of the                                         there are complaints of
                        become a common practice to        Slum Act. The body must be                                               non-payment of rent, the
                        amend          development         empowered to be able to obtain                                           SRA has empanelled
                        regulations in favour of           information from all stakeholders                                        auditors to determine
                        industry to make schemes           (development agencies, planning                                          whether agreed rent is paid
                        more profitable – to the extent    authorities, promoters, slum-                                            or not. The SRA also calls
                        that     regulations     reflect   dweller societies, etc.) review                                          for      reports       from
                        aspirations of industry as         progress       and    provide                                            independent institutions
                        opposed to expressions of the      recommendations for the purpose                                          such as VJTI, etc. to verify
                        public       interest.    Slum     of achieving good quality,                                               structural integrity of
                        rehabilitation is without a        affordable and accessible housing                                        rehab             buildings.
                        doubt a classic case of            for all low-income groups.                                               Therefore,      there      is
                        regulatory capture.                                                                                         sufficient monitoring of
                                                                                                                                    schemes and of the SRA
                                                                                                                                    itself.




                                                                                                                                                                    Page 369
                                                                                                                                                                    105
3.   SRA is seen to       SRA      embodies                 Government          A     mechanism     should     be                           T-6   1. Please refer to the
     be toothless in               planner, executer and    Resolution          introduced, by way of which an                                       response in point
     responding to        a judge all at once. A scan of    dated               independent body can carry out                                       18(1) in Table 3.
     the grievances       the SRA orders of the years       25.05.2022          regular audit of the scheme,
     of the slum          reveals that it is motivated to   which       lays    particularly when there are                                       2. On forged signatures,
     dwellers.            provide and facilitate ‘ease of   down         the    grievances from slum dwellers.                                       please refer to the
                          doing business for the            mechanism the                                                                            response in point 8 in
                          developers. Due process as        SRA should                                                                               Table 2.
                          defined by policy is often        follow in case
                          compromised. When slum            of      stalled
                          dwellers approach the SRA         schemes.       It
                          with questions and complaints     also provides
                          about fraudulent signatures,      for penalties in
                          meetings which did not follow     case         the
                          due procedure etc, the slum       developer fails
                          dwellers have not been given      to    complete
                          adequate hearing.                 SRA scheme.


4.   Once a power of      Absence     of   any    legal     33(10)    VIII The lease agreement of the land Yes      Amendment to 33(10) T-6
     attorney is given    provision which makes it          3.13, DCPR, must be signed by the society and           DCR, 2034 to the effect
     to the developer     mandatory to obtain consent       2034           the land-owning authority should         that Lease agreement must     1. In respect of private
     by the society,      of the slum dwellers before                      clearly set out the terms of the         be signed b/w the slum           land, the SRA is
     the developer        making important decisions        33(10) VIII 7, agreement. No developer should           dwellers and land-owning         considering
     proceeds with        such as mortgaging the            DCPR, 2034     be permitted to modify the original      authority with a clause          restricting
     the      scheme      property, amalgamation of                        rehabilitation scheme without            stating       that no            mortgaging        slum
     without       any    plots, entering into co-          33(10)    VIII securing the approval of at least        encumbrances should be           rehabilitation land.
     transparency or      partnership with third parties    10,    DCPR, 71% of the slum dwellers, rather           created on the land and any
     accountability       etc.                              2034           than the 50% threshold.                  changes/ alteration in the    2. As regards lease, the
     to the slum                                                                                                    scheme should first get          same     has    been
     dwellers.                                              33(10)   VIII                                           approved by the majority         answered
     Decisions such                                         11,    DCPR,                                            of slum dwellers, SRA and        hereinabove.
     as mortgaging                                          2034                                                    land-owning authority.
     the
          property,                                         GR       dated
     amalgamation                                           11.09.2019
     of          plots,
     entering into co-
     partnership with
     third parties etc.
     are taken based
     on the power of
     attorney        or
     approved
     Annexure -III
     without       any
     information to
     the          slum
     dwellers.




                                                                                                                                                                              Page 370
                                                                                                                                                                              106
5.   No      Regular Once an SRA Scheme is             A     mechanism        should be                                                            T-6   1. The SRA conducts
     Audit           announced,     the     SRA        introduced, by way of which an                                                                       inspections on ongoing
                     Authority does not make an        independent body can carry out a                                                                     sites as and when
                     effort   to    check     the      regular audit of the scheme.                                                                         required.
                     implementation status of the                                                                                                        2. SRA       schemes        are
                     scheme.                                                                                                                                constantly monitored. At
                                                                                                                                                            every stage of approvals,
                      No checks and balances in                                                                                                             inspections are carried
                      place   to     gauge     the                                                                                                          out. The status of
                      implementation status of the                                                                                                          schemes are checked.
                      scheme.                                                                                                                               When permissions are
                                                                                                                                                            being issued at each
                                                                                                                                                            stage of the scheme, the
                                                                                                                                                            parameters of LOI are
                                                                                                                                                            being      checked      and
                                                                                                                                                            compliance with the
                                                                                                                                                            terms of the LOI is also
                                                                                                                                                            checked.
                                                                                                                                                         3. On      the    point      of
                                                                                                                                                            independent and regular
                                                                                                                                                            audits. Please refer to the
                                                                                                                                                            response in 2(1) above.
6.   AGRC             Presently AGRC presides          Hearing should be audio and Yes! Legislation is               Provision should be added T-1          1. AGRC which was set
     Proceeding       once in week or once in 2        videography and it should be required                         for in camera proceedings.                 up after the directions
                      weeks.                           available online.                    amendments        and                                               of the Bombay High
                                                                                            insertion of new         Administrative order for                   Court in Tulsiwadi
                                                                                            provisions in      the   implementation        of                   Navnirman           Co-
                                                       Online hearing facility as available current legislation.     machinery for online                       Operative Housing
                                                       in the Hon’ble High Court of                                  hearing.                                   Society v. State of
     Procedure    for Basic rules of civil procedure   Bombay.                                                                                                  Maharashtra (Writ
     proceeding       should be applicable while                                                                     Amendment in the existing                  Petition No. 1326 of
                      conducting hearing.              Complaints received against any                               legislation for application                2007). It is a
                                                       officer of the SRA must be decided                            of Civil Procedure Code                    specialized body of
                                                       by the department of the Housing                              should be carried out.                     experts who are well
                                                       Secretary rather that diverting the                                                                      aware of the housing
                                                       application to CEO SRA who had                                Provision for Slum day                     situation in Mumbai.
                                                       fail to take any action in past.                              should be inculcated in                    The SRA is a unique
                                                                                                                     present provision.                         and             special
                                                       “Slum day” is a must once a week                                                                         legislation enacted to
                    Follow up with the Authority       to address the problems of the                                Legislation    specifying                  address the situation
     Arrogant   and regarding decision of the          slum Dwellers in which not only                               composition of member of                   of slums in Mumbai.
     misbehave by Application        results     in    Slum      Dwellers      who       are                         AGRC mandatory                             The same has been
     officials.     diverting the slum dweller         intellectually disable but also their                                                                    recognized by the
                    from office of one officer to      representative and Advocates                                                                             Hon’ble       Bombay
                    another officer without any        should be allowed with all the                                                                           High Court in the
                    result.                            officer present for the meeting.                                                                         aforesaid decision.
                    Many a times the slum dweller
                    went for the follow up for their                                                                                                        2. The AGRC is sitting
                    application are threaten to be     Hearing of AGRC should be                                                                               on alternate Fridays
                    implicated in false criminal       conducted daily as the other                                                                            on the request of
                    cases by the various officers of   courts.                                                                                                 several   advocates.
                    the SRA especially by the                                                                                                                  However, the AGRC



                                                                                                                                                                                           Page 371
                                                                                                                                                                                           107
                female arrogant, corrupt and    Independent body of committee              will increase its
                cunning officers.               consisting of one judicial member,         sittings to reduce
                                                one technical member and one               pendency. The SRA
                Roznama as well as cause list   administrative member who all are          will apply to the State
                should be publish online with   the independent should not be              Government           to
                updates as like the.            from SRA Department like other             increase the staff
                                                tribunal working.                          under the AGRC to
                                                                                           expedite issuance of
                                                The scheme is the beneficiary and          orders.
Roznama, date                                   hence for the transparency it
of Presiding                                    should be available online to all.      3. The Roznama of the
                                                Even the eligibility proceeding.           AGRC      will  be
                                                                                           uploaded.
                                                Orders, circulars, office notes,
                                                letters should be scan and              4. The      SRA     will
                                                available to the public online on          consider applying to
                                                website.                                   the State Government
                                                                                           for audio and video
                                                Checks and balances there must be          recording of AGRC
                                                authority to giving its reports audit      proceedings.
                                                report working of whole system of
                                                SRA.                                    5. Slum           dweller
                                                                                           societies prefer to be
                                                Eligibility time period, any               heard in person in
                                                application, appeal should be              most          matters.
                                                decided within specified time              However, links are
                                                period.                                    already provided to
                                                                                           persons who wish to
                                                                                           appear through video
                                                                                           conferencing.

                                                                                        6. A grievance redressal
                                                                                           cell is set up in the
                                                                                           SRA      that    hears
                                                                                           citizen grievances on
                                                                                           a daily basis between
                                                                                           3 pm to 5 p.m.

                                                                                        7. The AGRC was set
                                                                                           up as a quasi –
                                                                                           judicial body within
                                                                                           the Slum Act to hear
                                                                                           appeals against the
                                                                                           orders of the CEO.
                                                                                           The officers on the
                                                                                           AGRC have on-site
                                                                                           experience        in
                                                                                           planning,
                                                                                           administration and
                                                                                           dealing with citizen
                                                                                           claims. A judicial
                                                                                           member is not needed



                                                                                                                     Page 372
                                                                                                                     108
                                                                                                                         at the moment.

                                                                                                                     8. The AGRC examines
                                                                                                                        records and conducts
                                                                                                                        hearing. Orders of the
                                                                                                                        AGRC are on the
                                                                                                                        basis of records and
                                                                                                                        submissions         of
                                                                                                                        parties. CPC cannot
                                                                                                                        be made applicable to
                                                                                                                        quasi – judsicial
                                                                                                                        proceedings since the
                                                                                                                        same will only lead to
                                                                                                                        delays     in      the
                                                                                                                        proceedings.

                                                                                                                     9. Orders of the AGRC
                                                                                                                        are uploaded on the
                                                                                                                        AGRC’s website.

                                                                                                                     10. On timelines for
                                                                                                                         deciding eligibility
                                                                                                                         appeals, please refer
                                                                                                                         to the response in
                                                                                                                         point 2(2) in Table 1.




7.   Arbitrary          Acquisition proceedings are Section 14 (1)   Provisions ought to introduced in Yes   T-1   1. It is settled law that the
     acquisition of a   utilized as a land grabbing tool             the said Act, to enable the                      preparatory steps cannot
     slum               by third party developers at the             landowner to challenge the report                be subject matter of
     encroached         behest of slum dwellers.                     filed by SRA with the State                      challenge.
     property of a                                                   Government.
     landowner          Upon the SRA declaring a                                                                   2. Before considering the
                        particular property as slum                  Before filing the report or before               final acquisition, the
                        under Section 3 (C)(1), the                  the State Government rendering its               parties are entitled to
                        landowner is given an                        final decision, the report of SRA                make representation, at
                        opportunity to justify why the               should be forwarded to the                       which stage they can
                        said land ought not to be                    landowner, to allow him to                       seek copies of all
                        acquired. In these hearings,                 challenge the same in a time bound               relevant documents.
                        the landowner may show his                   manner. Only on failure of the
                        inclination to rehabilitate and              landowner, to challenge the same              3. As regards Section 13
                        redevelop      his    property.              with the prescribed time limit,                  (1), the period of 120
                        However, pursuant to hearings                should the State Government                      days, the same has been
                        held, the landowner is not kept              proceed with acquiring the land                  interpreted   by     this
                        informed about the any                       under section 14(1) of the said Act.             Hon’ble Court in various
                        decision that the SRA and/or                 The statute should provide for an                matters and the same is
                        the State Government takes.                  opportunity to be given to the                   sub – judice before the
                                                                     landowner to file his proposal even              Hon’ble Supreme Court.
                        It is only when the notice is                after period of 120 days has lapsed
                        published that the landowner                 under section 13(1). However, a



                                                                                                                                                   Page 373
                                                                                                                                                   109
                       is made aware that the land is      time limit may be prescribed based
                       acquired.                           on a justification given by the
                                                           landowner as to why he is
                                                           approaching the authority after the
                       There      is      absence     of   period of 120 days. Even if, the
                       transparency in the manner in       CEO (SRA), at the instance of
                       which acquisition process is        slum dwellers, has initiated
                       undertaken and the entire           acquisition proceedings under
                       process is arbitrary. This leads    section 14 (1) of the said Act, if a
                       to further litigation and further   landowner files his proposal to
                       delays     the      process    of   redevelop the slum encroached
                       redevelopment         of    slums   land, then there should an
                       properties.                         immediate stay on the acquisition
                                                           proceedings and such proceedings
                                                           ought not to be entertained, unless
                                                           the landowner withdraws his
                                                           proposal to redevelop.
8.   Premises         The developers in connivance         The allotment of the permanent          A-10   1. The rehab tenements are
     allotted without with the SRA Officers with the       accommodation should not be                       handed over post OC.
     OC               intent to escape from the            allowed without the issuance and                  The SRA has already
                      liability of payment of              compliance of the O.C. and the                    issued Circular 162A as
                      premiums and other charges           payment of the premium and                        per which the developer
                      payable to the SRA and State,        further compliance of the LOI,                    is required to handover
                      illegally allot the permanent        IOA, C.C. along with the                          the rehab tenements to
                      accommodation without O.C.           firefighting compliance. Further,                 the Estate Department of
                      and without complying with           the developer should not be                       the SRA which then
                      the LOI, IOA, C.C. terms and         allowed to sell or create third party             hands over the tenements
                      conditions.       The      Slum      rights of the 50% of the sale                     allotted by the ARS
                      Dwellers are forced to take          component till O.C. to rehab                      department to the slum
                      possession of the permanent          component is issued and the transit               dwellers.
                      accommodation without O.C.           rent is cleared by the developer
                      to the rehab building and the        and the full premium is paid to the            2. The SRA has also issued
                      illegal lotteries are being held     SRA.                                              circular 210 as per which
                      in connivance with the                                                                 the outstanding rent
                      officials of Co-Operative                                                              alongwith advance rent
                      department of the SRA and                                                              has to be deposited with
                      developer and the society. Due                                                         the SRA.
                      to non- issuance of O.C. by the
                      SRA, the occupant of the                                                            3. The SRA issues CC to
                      rehab.                                                                                 the free sale component
                                                                                                             proportionate to the CC
                                                                                                             for rehab portion as
                                                                                                             stipulated in the DCPR.

                                                                                                          4. Restricting selling rights
                                                                                                             of the developer will
                                                                                                             affect    the     working
                                                                                                             capital of the developer
                                                                                                             and delay rehabilitation
                                                                                                             schemes.




                                                                                                                                          Page 374
                                                                                                                                          110
9.   Circulars being   CEO, SRA issues day to day         All the circulars issued by the         A-10   1. The      SRA    requires
     issued without    internal circulars some of         CEO, SRA be examined and be                       regular monitoring of
     due process of    which gives effect to the          published and objections from the                 schemes.           From
     law               provisions of the Slum's Act,      people at large be called for before              experience it is learnt
                       DCPR, MRTP Act and is the          issuing such circulars, which                     that Circulars are the
                       travesty of the justice. Various   affect the ultimate provisions of                 efficient     way     of
                       circulars are not published or     the parent Acts.                                  regulating schemes.
                       no objections are being called
                       on and without following the       There      should     be     specific          2. The circulars issued by
                       due process of law the             provisions to keep tab and confirm                the SRA are for the
                       circulars are being issued.        the legality of such circulars and                effective and speedy
                                                          further call on objections and                    implementation         of
                       RERA, 2016. The difference         suggestions from the slumdwellers                 schemes. The SRA has
                       here in SRA is that though the     as well as developers with respect                issued multiple circulars
                       Developers remain liable to        to the issuance of arbitrary internal             such as 210, 152, 163,
                       sale component which they          circulars by CEO, Executive                       etc.
                       get     as     incentive           Engineers or any other concerned
                       for constructing houses free of    officer of the SRA.                            3. The SRA is a body of
                       cost to slum dwellers, they are                                                      senior bureaucrats and
                       not liable to Government or                                                          representatives who have
                       SRA or slum dwellers as            Institute of Social Sciences, VJTI,               extensive experience of
                       such. Everything depends           Indian Institute of                               the day to day working of
                       upon the integrity of                                                                schemes and housing
                               the Developer whose        Technology,     Human      Rights                 situation in Mumbai.
                       engineers are never                Organisations, Health experts                     Additionally,       these
                       responsible for quality. Third     doctors team from J.J. or K.E.M.                  functionaries         are
                       Party Quality auditors are         Hospitals.                                        appointed by the State
                       nowadays empanelled by                                                               Government which has
                       SRA to oversee the quality.        Active participation of experts like              oversight     over    the
                       The Third-Party Quality            Architects,               Chartered               officials. The SRA is the
                       Auditors hardly ever visit the     Accountants, Advocates, Doctors,                  body that is undertaking
                       site. There exist no SOP for       Social activist, organizations                    several responsibilities
                       TPQA and                           working in the Slum Rehabilitation                of a planning authority.
                       quality. Their reports, if any,    by way of "SRA Advisory                           The SRA has the
                       are just for the sake of record    Committee" be formed to look                      Engineering Department
                       with no checks by staff.           after the day to day problems of the              which           possesses
                                                          slumdwellers and developers.                      expertise in ensuring
                                                                                                            viability of the scheme
                                                                                                            and also the nature of
                                                                                                            construction involved.
                                                                                                            The SRA also has a legal
                                                                                                            team which assess rights
                                                                                                            of all the persons
                                                                                                            involved in the scheme.




                                                                                                                                        Page 375
                                                                                                                                        111
11.   Lack         of   This is the major reason for       Immunity given under the Slum           A-11   1. On disciplinary action
      independence      the present state of affairs and   Act to authorities and officials                  against errant officers,
      and objectivity   the mess in the slum               needs to be changed/removed to                    please refer to the
      in          the   rehabilitation schemes.            make the officials accountable and                response in point No. 5
      functioning of    Because:                           responsible for acts and omissions.               in Table 1. Additionally,
      statutory           a) The government often                                                            protection for actions
      authorities             delays bringing new          Ambiguity in laws and policies                    done in good faith by
                              laws or amendments           needs to be cleared.                              officers is present in all
                              due to electoral politics.                                                     legislations so as to
                          b) Most        actions      or   Permanent mechanism to access                     protect officials from
                              decisions               of   requirements of number of officers                undue harassment.
                              government are based         / staff / infrastructure and timely
                              on electoral politics.       filing of vacancies before                     2. On permanent audit,
                          c) It is learned that at         vacancies are created.                            please refer to the
                              present most of the                                                            response in point 2(2)
                              appointment is done          Permanent mechanism for                           above.
                              either based on paying       review of acts and omissions by
                              (illegal) premiums for       the High Court
                              the posts to political
                              bosses or as per the         Permanent audit for
                              agenda of political          performance audit for officers and
                              bosses. Plum posts are       system/process.
                              literally auctioned. In
                              turn, the officials get      All officers who make a decision
                              unwritten permission to      that is contrary to express
                              recover premiums and         provisions of law / policy, judicial
                              earn      profits     over   precedents and documents or
                              investment.                  cause unreasonable delay must be
                          d) Appointments are done         held disqualified for holding any
                              without any specific         government post. A permanent
                              tenure.                      inquiry mechanism shall be
                          e) The conflicting interests     established for regular periodic
                              of slum dwellers and         inquiry       against       officers.
                              their societies, rival       Disqualified officers shall be held
                              developers, and local        liable to return all benefits earned
                              politicians gave many        so far and shall be disqualified for
                              opportunities           to   future benefits.
                              officials to use immense
                              discretionary powers.
                          f) Multiple laws/policies
                              having unclear,
                              contradictory,
                              conflicting provisions or
                              no provision to deal
                              with typical situations
                              give           unchecked
                              discretionary powers to
                              officials, which they
                              mostly misuse.
                          g) Courts also sometimes
                              pass Orders that are
                              unclear,


                                                                                                                                          Page 376
                                                                                                                                          112
                                    contradictory,
                             conflicting views and
                             give       unchecked
                             discretionary powers to
                             officials, which they
                             mostly misuse.
                         h) Higher courts are
                             overburdened and it
                             takes years to decide a
                             case. Hence, there
                             exists no one to audit or
                             review the acts and
                             omissions of the
                             officials.
12.   Lack         of The implementation of the           All     circulars,   notifications,   A-17   The SRA will update its
      transparency    Slum Rehabilitation Act has         guidelines, rules, and regulations           website on a daily basis. The
                      been marred by a lack of            related to this Act shall be                 SRA will also upload all its
                      transparency                 and    published on a dedicated website             circulars in English and
                      inconsistency. Circulars,           within 24 hours of issuance. A               Marathi.
                      notifications,        guidelines,   consolidated up-to-date version of
                      rules, and regulations are often    all active directives shall be
                      not readily accessible to the       maintained and made publicly
                      public, leading to confusion        accessible.
                      and potential exploitation
                                                          Failure to publish or update as
                                                          required shall render the directive
                                                          inoperative until published.




                                                                                                                                       Page 377
                                                                                                                                       113
                                        IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL
                                                                   JURISDICTION
                                                        SUO MOTO WRIT PETITION NO. 1 OF 2024




IN RE: PERFORMANCE OF AUDIT OF THE MAHARASHTRA SLUM AREAS (IMPROVEMENT,
CLEARANCE AND REDEVELOPMENT) ACT, 1971.
                                                                                                              …Petitioner

                                         Versus
THE STATE OF MAHARASHTRA & ORS.
                                                                                                            …Respondents




                                             SUGGESTIONS REGARDING EFFECTIVENESS OF STATUTORY REMEDIES




                                                                                                                            Page 378
                                                                                                                            114
Sr.   Specific Issue Cause of the problem                         Relevant            Proposed Measure / Solution             Whether Proposed Proposal        for Reference   Views and Suggestions of
                                                                                                                                                                               the SRA
No.   /    problem                                                existing                                                    Measure / Solution Legislative
      identified                                                  Statutory                                                   requires           Reforms
                                                                  Section(s),                                                 amendment of law
                                                                  Regulation(s),                                              by Legislature
                                                                  Rule(s),
                                                                  Circular(s),
                                                                  Guideline(s)
                                                                  and       /    or
                                                                  Judgment(s)
1.    Constitution   The Government of Maharashtra vide           Government          It is suggested that the constitution   No.              The                 T-7         AGRC
      of AGRC        Notification dated 08.03.2017 has                           o    of the AGRC ought to be changed.        Notification dated
                     constituted the Apex Grievance               f Maharashtra’s                                             08.03.2017 must be                                 1. On appointment of
                     Redressal Committee (“AGRC”) for             Notification        The AGRC ought to be presided           amended vide a                                        judicial members in
                     hearing all appeals under Section 35 of      dated               by judicial members, not below          fresh notification.                                   the AGRC, please
                     the Slum Act. As per the aforesaid           08.03.2017          the ranks of Principal District                                                               refer to the response
                     notification, the AGRC constitutes one                           Judge.                                                                                        in point 6(1) in Table
                     chairperson and four members which are                                                                                                                         6. AGRC which was
                     all serving public servants, including                           The AGRC ought to be                                                                          set up after the
                     Chief Executive Officer, SRA.                                    permanently sitting body to enable                                                            directions of the
                                                                                      it to preside over, on day to day                                                             Bombay High Court
                     The      orders/notices/directive    under                       basis for deciding the cases before                                                           in          Tulsiwadi
                     challenge before the AGRC are usually                            it more expeditiously.                                                                        Navnirman         Co-
                     passed by the Chief Executive Officer,                                                                                                                         Operative Housing
                     SRA. Chief Executive Officer, SRA,                               The AGRC is ought to have a                                                                   Society v. State of
                     Mumbai is also a member of the AGRC                              dedicated registry for better case                                                            Maharashtra (Writ
                     for deciding appeals against orders passed                       management.                                                                                   Petition No. 1326 of
                     by the Chief Executive Officer, SRA,                                                                                                                           2007). The said body
                     Mumbai and usually recuses from hearing                                                                                                                        is established under a
                     such matters.                                                                                                                                                  legislative provision
                                                                                                                                                                                    in furtherance of the
                                                                                                                                                                                    decision             in
                                                                                                                                                                                    Tulsiwadi.        The
                                                                                                                                                                                    AGRC is a quasi –
                                                                                                                                                                                    judicial         body
                                                                                                                                                                                    requiring      special
                                                                                                                                                                                    knowledge.        The
                                                                                                                                                                                    situation of slum
                                                                                                                                                                                    rehabilitation      in
                                                                                                                                                                                    Mumbai        requires
                                                                                                                                                                                    consideration of lack
                                                                                                                                                                                    of space and density
                                                                                                                                                                                    in Mumbai. The
                                                                                                                                                                                    members of the
                                                                                                                                                                                    AGRC        are     all
                                                                                                                                                                                    experts in planning
                                                                                                                                                                                    laws and housing



                                                                                                                                                                                                              Page 379
                                                                                                                                                                                                              115
                                                                                                                                                    policies in Mumbai.

                                                                                                                                                2. On sittings of the
                                                                                                                                                   AGRC, please refer
                                                                                                                                                   to the response in
                                                                                                                                                   point 6(1) in Table 6.

                                                                                                                                                3. The     SRA      will
                                                                                                                                                   consider taking steps
                                                                                                                                                   to set up a dedicated
                                                                                                                                                   registry for the
                                                                                                                                                   AGRC for better
                                                                                                                                                   case management.




2.   Separate unit     For timely enforcement of the orders Section 33 and   SRA ought to have separate units      No. Section 33 and   T-7   The SRA already has a
     for eviction in   passed under Sections 33 and 38 of the 38             established for undertaking the       38                         Special Cell which handles
     Slum              Slum Act, there is a requirement of the               task of providing adequate security                              evictions and demolitions
     Rehabilitation    help of police force and demolition team.             force and as well as have a                                      under the Slum Act. Police
     Scheme            However, the police department being                  dedicated unit for carrying out                                  help, as and when required,
                       overburdened is not able to provide                   demolitions in a timely manner. A                                is sought from the police.
                       adequate police force due.                            similar suggestion is already
                                                                             contemplated under the draft
                                                                             housing policy 2024.




                                                                                                                                                                            Page 380
                                                                                                                                                                            116
3.   Since the SR      The SRA currently embodies multiple                      There is an urgent need to                                              T-6    The       SRA      engages
     Scheme has        roles: implementer, adjudicator as a quasi-              understand and reassess the                                                    professionals as and when
     been              judicial authority, project rehabilitation               complex issues that the slums                                                  there is a need to conduct
     formulated, it    and also reviewer. Thus, there is absence                represent and the schemes should                                               studies      for     better
     has never been    of independent body to undertake this task               be molded accordingly. It should                                               implementation of schemes.
     evaluated or      which is necessary.                                      not be a one-time study, but it is
     reviewed.                                                                  required that a body be instituted to                                          Measures such as advanced
     Multiple                                                                   conduct multiple, relevant studies                                             Software, inputs from
     changes have                                                               which can then be considered by                                                Engineering    department,
     been affected                                                              the SRA for implementation.                                                    Rent management system,
     in the scheme,                                                                                                                                            Auto – DCR, Auto –
     but there has                                                                                                                                             Annexure II are useful.
     been no
     comprehensiv
     e review and
     evaluation of
     the scheme;
     lack         of
     independent
     monitoring
     evaluation and
     review body
     of the scheme.
4.   Appeal      and   Non action by the authority and prologues Guidelines by the Appeal should be decided by the Already guidelines Guidelines        T-1   Please refer to the response
     2nd Appeal for                                              Hon’ble Bombay authority in 30 days               by Hon’ble Bombay               an         in point 2 in Table 1.
     eligibility                                                 high court                                        High court         d circulars
                                                                                                                                      should
                                                                                                                                      include in the
                                                                                                                                      slum act




5.   Appeal before Non action by the authority and prologues Guidelines by the Appeal should be decided by the Already guidelines Guidelines            T-1   Please refer to the response
     AGRC                                                    Hon’ble Bombay authority in 30 days               by Hon’ble Bombay               an             in point 2(2) in Table 1.
                                                             high court                                        High court         d circulars
                                                                                                                                  should
                                                                                                                                  include in the
                                                                                                                                  slum act




                                                                                                                                                                                             Page 381
                                                                                                                                                                                             117
6.   Section           Whilst this provision is intended to protect Section 35 of the   This right of appeal should be        No.                      T-1   The AGRC is the first
     35(1A)            the rights of individuals, it is abused by Slums Act             restricted to orders which are                                       appellate authority for
     enables any       persons with vested interest to delay slum                       patently illegal. The AGRC should     Directive can be               orders passed by the CEO
     person       to   rehabilitation scheme.                                           be restricted from adjudicating the   issued     narrowing           which pertain to substantive
     challenge any                                                                      merits of dispute and the challenge   the scope of appeal            matters such as declaration
     notice,           Given the wide scope of the provision, it                        should be restricted to any act of    and nature of orders           of a Slum Rehabilitation
     direction,        promotes litigation as it enables any                            CEO which is contrary to the law,     which       can    be          Area       (Section      3D),
     decision,         person who may not have a legitimate                             akin to Section 34 of the             challenged. Further,           notifying         a      slum
     order,            interest in the redevelopment to challenge                       Arbitration and Conciliation Act,     challenge should be            rehabilitation        scheme
     permission or     an order of CEO.                                                 1996.                                 restricted to patently         (Section 3B), appointment
     approval given                                                                                                           illegal orders and             of developers (Section 3B),
     by the CEO                                                                                                               appellate authority            change       of     developer
                SRA                                                                                                           should not review              (Section 13(2)). These are
     before AGRC.                                                                                                             the orders of CEO              significant powers and
                                                                                                                              and/or other SRA               therefore,     to    maintain
                                                                                                                              authorities orders on          balance, the AGRC has
                                                                                                                              merits.                        been vested with wide
                                                                                                                                                             powers to decide all orders/
                                                                                                                                                             decisions/            notices/
                                                                                                                                                             declarations passed by the
                                                                                                                                                             CEO.

                                                                                                                                                             Proceedings under the Slum
                                                                                                                                                             Act cannot be compared to
                                                                                                                                                             an award passed under the
                                                                                                                                                             Arbitration Act.

                                                                                                                                                             Given the above reasons, it
                                                                                                                                                             would be grossly unfair to
                                                                                                                                                             all stakeholders under the
                                                                                                                                                             Slum Act to restrict the
                                                                                                                                                             powers of the AGRC.




                                                                                                                                                                                              Page 382
                                                                                                                                                                                              118
7.   Adjudicating    Availability and sitting of AGRC:               Sec. 35 of Slum Records / database of pending and         T-9   1. On sittings of the AGRC,
     mechanism                                                       Act.               disposed of proceedings before                  please refer to the
     under slum act Records available on Apex Grievance                                 AGRC / GRC, may be called for                   response in point 6(1) in
     is ineffective. Redressal     Committee’s    [In    short       Order       dated consideration.                                   Table 6.
                     ‘AGRC’] website show that they                  19.07.2019
                     assemble on an average 12-13 times a year       passed by this To appoint retired High Court                    2. On the matter of the CEO
                     (i.e. once in a month). This has created        Hon’ble Court in Judge as Chairman of AGRC,                        being a member of the
                     huge backlog of cases before AGRC.              the matter of similarly, retired District Judge as                 AGRC, the CEO – SRA
                     Database available on website concreates        Aslam Hasimali Chairman of GRC [as observed by                     recuses himself from the
                     this plight. Such non-availability of           Shaikh v. State of this Hon’ble Court in the matter of             quorum when the orders
                     AGRC opens flood- gate of litigation at         Maharashtra in Aslam Hasimali Shaikh v. State of                   passed by CEO – SRA
                     Hon’ble Bombay High Court u/a 226 /             Civil WP No. Maharashtra in WP No. 5600 of                         are being considered by
                     227.                                            5600 of 2019.      2019], which should be fulltime,                the AGRC.
                                                                                        sitting on daily basis.
                     Orders / directions of Chief Executive                                                                          3. On the issue of GRC
                     Officer, SRA [In short ‘CEO–SRA’] and                              Procedure be provided for listing of            sitting, the GRC will
                     delegated authorities / officers of CEO–                           urgent matter, before AGRC / GRC                increase its sittings.
                     SRA are challenged before AGRC.                                    and Appellate Authority.
                     Ironically, CEO–SRA is also member of                                                                           4. On the issue of case
                     AGRC. This also goes against the judicial                          Application / Appeals etc should be             management,       please
                     principle of nemo judex in causa sua (No                           decided strictly on seniority basis,            refer to the response in
                     one should be a judge in their own cause).                         except in cases of urgency, which               point 1(4) above.
                     Conflict of interest in constitution of                            should be recorded in writing.
                     AGRC cannot be ruled out.                                                                                       5. On appointment of
                                                                                        Hybrid Hearing System (physical                 judicial members to the
                     Availability and sitting of GRCs:                                  and online) must also be                        AGRC, please refer to
                                                                                        established and implemented.                    the response in point 6(1)
                     Same difficulties is apparent before 02                                                                            in Table 6.
                     (two) Grievance Redressal Committees                               Dashboard may be directed to be
                     [GRC’s], except conflict of interest.                              created for cases pending and                6. On     hybrid   hearing
                                                                                        disposed of cases before AGRC,                  systems, please refer to
                     Moreover, members of AGRC / GRC                                    GRC’s, Additional Collectors,                   the response in 6(4) in
                     being bureaucrats already having different                         Competent Authorities and ARS.                  Table 6.
                     charge, their availability also at times
                     becomes difficult.                                                 Appellate Authorities (including             7. The SRA will maintain a
                                                                                        GRC) should have powers to                      dashboard for cases
                     Numerous Praecipes / Applications are                              declare eligibility and issue                   pending and disposed of
                     filed for listing of Appeals, however,                             supplementary Ann – II [now the                 before AGRC, GRCs,
                     those are not listed. It escalates the plight                      Appellate Authorities        despite            Additional Collectors,
                     of slum dwellers and opposite parties, as                          coming to the conclusion that the               Competent Authorities
                     their is no proper procedure for listing of                        slum dweller is eligible, does not              and ARS.
                     urgent matters.                                                    decide eligibility, but remands back
                                                                                        the matter to Competent Authority,           8. For     introducing    or
                     Applications and Appeals of sec. 33 / 38                           for deciding eligibility. This                  reducing timelines for
                     proceedings        and        Developer’s                          compels the slum dwellers to file               GRC and AGRC to
                     Applications are given priorities. Appeals                         multiple litigation to decide their             decide appeals, please
                     for transit rent and other grievances are                          eligibility.                                    refer to the responses in
                     kept pending and unadjudicated before                                                                              Sr. Nos. 4 and 5 above.
                     Authorities / GRC / AGRC for years.                                Application for deciding eligibility
                                                                                        should be numbered and decided               9. On Appellate Authorities
                     There is no proper procedure followed                              expeditiously and in any case                   issuing supplementary
                     before the Authorities / GRC / AGRC,                               within 30 (thirty) days, that too               Annexure-II,         the



                                                                                                                                                                     Page 383
                                                                                                                                                                     119
                     resulting in multiplicity of litigation.                          strictly as per seniority list of date                                    Appellate      Authorities
                                                                                       of Application.                                                           will have to be notified
                     There is no regular sitting of GRC /                                                                                                        as      a      Competent
                     AGRC / Appellate Authority.                                       Because, it is seen eligibility                                           Authority under the
                                                                                       Applications are kept pending for                                         Slum Act. This would
                     These Appellate Authority/ Committee                              months and years and when it                                              create a legal anomaly in
                     decide substantial rights of the litigants,                       comes to eviction of the slum                                             the Slum Act. Instead,
                     however, not being judicial members,                              dwellers, the same is decided                                             the Appellate Authorities
                     their orders at times are non – judicious                         within weeks. At times, it is also                                        will, going forward,
                     and erroneous,        therebymakingthe                            seen out of turn Applications are                                         include a remark in their
                     remedy meaningless.                                               decided.                                                                  order     requiring    the
                                                                                                                                                                 Competent Authority to
                                                                                       To appoint a Guardian Judge of                                            issue      supplementary
                                                                                       Bombay High Court for AGRC /                                              Annexure-II       in     a
                                                                                       GRC.                                                                      specified timeline and
                                                                                                                                                                 send a report to the
                                                                                                                                                                 Appellate body.



8.   Constitution    The Grievance Redressal Committee /           The concept of      The AGRC / GRC should consist of         Issuance          of   T-8   1. On sittings of the AGRC,
     of     AGRC,    Apex Grievance Redressal Committee            the         High-   three / five permanent members,          notification under              please refer to the
     frequency of    (“GRC”/“AGRC”) do not regularly hold          Powered             that have the sole responsibility of     Section 34A(1) and              response in point 6(1) in
     functioning,    hearings and as a result, appeals are         Committee           hearing matters placed before it         Section       34B(1)            Table 6.
     and             pending before AGRC for years. The            started      with   coupled with a power to delegate its     published in the
     background of   simple issue here is that the AGRC            decisions of this   functions to one or more of its          Official Gazette for         2. On actions under Section
     members.        convenes at a fort-nightly interval and       Hon’ble Court. It   members [not third person]               reconstituting GRC              33, please refer to the
                     further needs a quorum of 3 out of the 5      was a temporary     depending on the workload.               and AGRC.                       response in point 3(2) in
                     members.                                      mechanism.                                                                                   Table 2.
                                                                   Thereafter, GRC     State Government to formulate     To make rules and
                     Additionally, even on the orders finally      was constituted     rules and procedure under Slum    regulations under                   3. The GRC Rules deal
                     being passed by the GRCs, the same are        under     Section   Act dispensation of functions of  Sections 3V and 46                     with the rules and
                     challenged by the aggrieved person/s          34-A of the Act     AGRC / GRC.                       of the Act, for the                    procedure of the AGRC
                     before the Hon’ble Bombay High Court,         and the                                               powers, functions                      and the GRCs. Rules and
                     which in turn extends the timeline of the     committee has       It is necessary to have the and procedure of                             procedures      for    the
                     disputes, as the rehabilitation project       received            Committees functioning full-time, GRC and AGRC.                          functioning of the AGRC
                     remains at a standstill.                      statutory           on all weekdays, to resolve the                                          and GRC under the Slum
                                                                   recognition.        issue of pendency.                                                       Act are already existing.
                     Furthermore, merely once an appeal is
                     preferred by the slum dwellers mainly in                          Accordingly, provisions of the
                     case of eviction proceedings, SRA officers Section 35 of the      Act/Notifications therein need to be
                     themselves prefer not to take action on the Act.                  amended.
                     basis of appeal/ application being is
                     lodged. There is an administrative failure
                     among the ranks of the SRA officers to
                     dispense action on basis of orders if mere
                     appeal is filed despite the clear words
                     under Section 35(3) that state that mere
                     filing of an appeal shall not operate as a
                     stay. This leads to fixed costs of the
                     developers like transit rent, admin costs,
                     interest costs never cease which push the



                                                                                                                                                                                              Page 384
                                                                                                                                                                                              120
                       project towards becoming financially
                       unviable.

                       The members of the Committee are senior
                       civil servants already burdened with their
                       existing responsibilities, coupled with
                       functions of AGRC/ GRC and therefore,
                       unable to hear the matters in a timely
                       fashion.




9.    Non              (i) Several provisions of the Act, such as    A public body comprising Yes           Establishment A-9         The SRA is already under
      compliance       mandatory consultations with slum             representatives from NGOs, slum        of a Public               the supervision of the State
      with     legal   residents and legal protection against        dwellers, legal experts, and           Monitoring                Government and the AGRC
      safeguards       eviction without due process, are             government officials should be         Body                      is under the supervision of
                       frequently bypassed by developers.            established to oversee the progress                              the Bombay High Court.
                       (ii) The failure to establish robust legal    of SRA projects and ensure
                       mechanisms to protect slum dwellers'          compliance       with      statutory
                       rights has allowed for unchecked              provisions
                       exploitation of vulnerable communities

10.   Lack        of   Developers often engage in non-               Timely Audits of SRA Projects - Yes    Developers         A-9   1. There is a grievance
      Transparenc      transparent     practices,   such     as      Independent audits of ongoing SRA      failing to meet             redressal cell in the SRA
      y and            misrepresentation of project timelines,       projects should be conducted           the prescribed              that hears slum dwellers
      Accountabilit    non-disclosure of financial statements,       regularly to evaluate the financial    timelines or                complaints every day
      y and Delay      and withholding of project progress           management, timelines, quality of      engaging        in          between 3 – 5 P.M.
      in     Project   information from slum dwellers                construction, post construction        corrupt
      Completion       The absence of a public grievance             defect redressals, and compliance      practices should         2. On developers not facing
                       redressal mechanism results in prolonged      to the terms and conditions of the     face stringent              penalties, as per Section
                       disputes, with slum dwellers left in          Letter of Intent issued to the         penalties     and           13(2) of the Slum Act, if
                       precarious living conditions                  Developer by the Engineering           these should be             the CEO is satisfied that
                                                                     Department of the SRA.                 clearly       and           any land in a slum
                       Several SRA projects have remained            There has to be a deterrent            indisputably                rehabilitation area has
                       incomplete or delayed beyond reasonable       mechanism within the framework         delineated                  been or is being
                       timelines, leaving slum dwellers without      of the Act for Developers who fail     within the                  developed       by    the
                       adequate housing for extended periods.        to comply to the terms and             framework of                owners, landholders or
                       Developers and contractors frequently         conditions of the Letter of Intent     the Act. The                occupants or developers
                       cite financial difficulties or bureaucratic                                          developers who              in contravention of the
                       hurdles as reasons for delay, without                                                fail to adhere to           plans duly approved, or
                       facing penalties for non-compliance.                                                 the contractual             any     restrictions   or
                                                                                                            terms of the                conditions        imposed
                                                                                                            Letter of Intent            under sub-section (10) of
                                                                                                            of      the                 section 12, or in


                                                                                                                                                                     Page 385
                                                                                                                                                                     121
                                                                                                            Engineering                    contravention of any
                                                                                                            Department of                  provision of any Slum
                                                                                                            SRA should be                  Rehabilitation Scheme
                                                                                                            subject                        or     any      condition
                                                                                                            to penalties,                  specified in the approval
                                                                                                            including                      or    has     not   been
                                                                                                            financial                      developed within the
                                                                                                            restitution to the             time, as specified under
                                                                                                            affected slum                  such     conditions    of
                                                                                                            dwellers                       approval,     he    may,
                                                                                                                          an               determine to develop the
                                                                                                            d possible                     land by entrusting it to
                                                                                                            debarment from                 any agency or the other
                                                                                                            future projects                developer recognized by
                                                                                                                                           him.

                                                                                                                                        3. On independent audits,
                                                                                                                                           please refer to the
                                                                                                                                           response in point 2(2) in
                                                                                                                                           Table 6.

                                                                                                                                        4. On blacklisting from
                                                                                                                                           future projects, please
                                                                                                                                           refer to the response in
                                                                                                                                           point 7(6) in Table 3

                                                                                                                                        5. Currently, where any
                                                                                                                                           matter    involves    an
                                                                                                                                           element of criminality, a
                                                                                                                                           complaint can be filed
                                                                                                                                           before the High – Power
                                                                                                                                           Committee     -    Anti-
                                                                                                                                           Corruption Bureau.

11.   Curtailment of    Slum dwellers are not allowed to raise       There should be participation of the                        A-10    Please refer to the response
      Slumdwellers      issues regarding illegality in the SR        slum dwellers and mechanism to                                      in point 10(5) above.
      right to object   Scheme and their scope is limited to rehab   address the objections and
      against           tenement.                                    illegalities of the SR scheme by
      illegalities of                                                proper         mechanism within
      Developers                                                     stipulated time period.
      and SRA




                                                                                                                                                                        Page 386
                                                                                                                                                                        122
12.   Delay       in   CEO, SRA after completion of the              AGRC be dissolved and a separate        A-10   1. On sittings of the AGRC,
      passing orders   hearings given by him in the matters of u/s   three-member Tribunal of retired                  please refer to the
      for change of    13(2) of the Slum Act, never passes the       High Court Judges be appointed to                 response in point 6(1) in
      developer        order to the extent of one year or more and   hear the matters on day to day basis.             Table 6.
                       though the reminders are given.               In the same manner, separate courts
                       Various appeals and applications are filed    at City Civil courts be appointed in           2. The AGRC was set up as
                       before the apex grievance redressal           place of the Grievance Redressal                  a quasi – judicial body
                       committee thereby challenging various         Committee.                                        within the Slum Act to
                       important issues including the orders                                                           hear appeals against the
                       passed by the CEO/SRA as well as the                                                            orders of the Appellate.
                       order u/s 33 & 38, orders passed u/s 13(2)                                                      The officers on the
                       for change of developer etc. The issues                                                         AGRC have on-site
                       challenged before are of the great concern                                                      experience in planning,
                       of the slumdwellers. But it has been                                                            administration      and
                       observed that the AGRC is sitting once in                                                       dealing with citizen
                       15 days that is two times in the month. As                                                      claims.    A    judicial
                       the members of the committee are the                                                            member is not needed at
                       bureaucrat and officers, they are not able                                                      the moment.
                       to give the time for hearing the pending
                       matters as they are already loaded with
                       their assignments. Further, the orders are
                       being passed with delay. There is
                       inordinate delay in getting the justice to
                       the applicants before the AGRC and
                       thereby the applicants has to either
                       surrender or settle the matter with the
                       developers without getting the justice.




                                                                                                                                                   Page 387
                                                                                                                                                   123
13.   Effectiveness                                               1. Every matter must be decided         A-11   1. The SRA will consider
      of statutory                                                within a specific time.                           undertaking            a
      remedies                                                    2. Every matter must be filed in a                comprehensive study of
                                                                  specific format with required inputs              all the timelines under
                                                                  to avail remedy. Absolute frivolous               the Act along with
                                                                  complaints must attract a penalty.                instances where the Slum
                                                                  3. Every respondent must file a                   Act does not provide
                                                                  response in a specific format with                timelines for crucial
                                                                  the required inputs to deny remedy                decisions.
                                                                  to the applicant. Absolute frivolous
                                                                  or delayed defence must attract a              2. On penal action against
                                                                  penalty.                                          developers, please refer
                                                                  4. Every Order passed must have a                 to the response in point
                                                                  direction for effective and timely                10(2) above. The State
                                                                  implementation.                                   Government will suggest
                                                                  5. Whenever a court passes any                    to the State Legislature
                                                                  order, it must write it in a specific             to strengthen the penal
                                                                  standardized format and write                     provisions under the
                                                                  applicable sections etc so that imp               Slum Act to deter non-
                                                                  contents must be searchable. A                    compliance.
                                                                  database accordingly shall be
                                                                  maintained which shall be used in
                                                                  the next identical cases by all
                                                                  concerned.
                                                                  6. Every illegality, breach,
                                                                  violation, non-compliance, delay,
                                                                  failure, negligence and omission
                                                                  must be attached at least with a
                                                                  monetary penal action              or
                                                                  reduction in benefits.
                                                                  7. High Court must review every
                                                                  new law from constitutional and
                                                                  other perspectives in a time bound
                                                                  schedule.
                                                                  8. Law commission must provide a
                                                                  periodic review of all decisions.
                                                                  9. Similarly, an existing law must
                                                                  be reviewed by the High Court by
                                                                  taking      inputs     from     Law
                                                                  Commission Reports.



14.   Notice    and The current legal framework provides          Amend the law to mandate pre- Yes       A-16    All hearings under the Slum
      hearing       only for post-decisional appeals before the   decisional hearings                             Act are conducted before
      requirements  Slum Tribunal                                                                                 passing orders.




                                                                                                                                                Page 388
                                                                                                                                                124
15.   No               No independent judicial/quasi-judicial      The      establishment        of   an   A-17   1. On appointment of
      independent      dispute resolution forum exists to decide   independent Slum Rehabilitation                   judicial members in the
      judicial       / slum matters                                Tribunal is proposed to separate the              AGRC, please refer to
      quasi-judicial                                               judicial     function     from    the             the response in point 6(1)
      dispute                                                      implementing authority. This                      in Table 6.
      resolution                                                   tribunal would serve as an impartial
      forum                                                        arbiter for disputes arising from the          2. As stated by the Hon’ble
                                                                   implementation of the Slum                        Bombay High Court in
                                                                   Rehabilitation Act. Indeed, the                   Tulsiwadi       Navnirman
                                                                   AGRC can be re-purposed and                       CHS and Ors. v. State of
                                                                   headed by a retired High Court                    Maharashtra and Ors.
                                                                   judge to ensure transparency and                  (2008(1)BOMCR1),
                                                                   public      confidence       in   the             “111. We have actually
                                                                   functioning of the authority (and                 not nor should it be
                                                                   insulating it from political                      understood that we have
                                                                   influence).                                       in any way expressly or
                                                                   A statutory appeal may be provided                implied restricted the
                                                                   to the High Court where in any                    scope of applicability of
                                                                   event the availability of a remedy in             Article 226 of the
                                                                   Writ Jurisdiction can always be                   Constitution to such
                                                                   availed of. The High Court will                   cases. We have only
                                                                   have the benefit of a judicial                    indicated certain cases
                                                                   finding of fact by such an authority              where inter- or intra-
                                                                                                                     departmental mechanism
                                                                                                                     may be invoked in
                                                                                                                     consonance with the
                                                                                                                     scheme of the Act before
                                                                                                                     approaching this Court.
                                                                                                                     Such classification is not
                                                                                                                     exhaustive but is merely
                                                                                                                     an indication of class of
                                                                                                                     cases where the Court in
                                                                                                                     its discretion may require
                                                                                                                     the parties to take
                                                                                                                     recourse to such remedy.
                                                                                                                     These principles are
                                                                                                                     neither innovative nor
                                                                                                                     new percepts but are re-
                                                                                                                     appreciation of well
                                                                                                                     accepted principles.
                                                                                                                     112. Compelling the
                                                                                                                         parties to file suits
                                                                                                                         would neither be
                                                                                                                         efficacious, alternate
                                                                                                                         remedy nor would
                                                                                                                         meet the ends of
                                                                                                                         justice in all cases.
                                                                                                                         The controversies in
                                                                                                                         such cases are best
                                                                                                                         resolved      at   the
                                                                                                                         administrative level
                                                                                                                         itself as the cause of



                                                                                                                                                  Page 389
                                                                                                                                                  125
                                                                                                                                                         action is founded on
                                                                                                                                                         the inaction, incorrect
                                                                                                                                                         action or colourable
                                                                                                                                                         exercise of powers by
                                                                                                                                                         the authorities. The
                                                                                                                                                         records      of     the
                                                                                                                                                         authorities and their
                                                                                                                                                         action based upon
                                                                                                                                                         such matters can best
                                                                                                                                                         be     corrected     in
                                                                                                                                                         accordance with the
                                                                                                                                                         established precepts
                                                                                                                                                         of      administrative
                                                                                                                                                         functioning        and
                                                                                                                                                         executive action at
                                                                                                                                                         different levels of the
                                                                                                                                                         departments within
                                                                                                                                                         the framework of the
                                                                                                                                                         Statute.”

                                                                                                                                                  Therefore, in view of the
                                                                                                                                                     technical   nature   of
                                                                                                                                                     disputes and for speedy
                                                                                                                                                     disposal of cases, a
                                                                                                                                                     statutory appeal under
                                                                                                                                                     the Act would not be
                                                                                                                                                     feasible.

16.   Endless           The delays are often the subject matter of Section 13(2) of   Policy guidelines should be issued   There is an A-27B       1.   On suggested measure
      delays       in   prolonged      litigation    before     the the Slum Act      inter alia providing for the         urgent need to               1, LOI itself defines a
      implementatio     adjudicatory bodies under the Slum Act                        following:                           set      up        a         timeline for every
      n           and   such as the Apex Grievance Redressal                                                               statutory                    project.
      completion of     Committee. These disputes eventually                          LOI should be issued only after a    mechanism for a
      slum              reach the Hon’ble Bombay High Court                           detailed timeline is submitted.      regular audit of        2.   On suggested measures
      redevelopmen      under Article 226 of the Constitution. In                                                          ongoing                      2 and 3, all the plans are
      t projects.       this process, the progress of the slum                        Plans prepared must be discussed     projects in order            approved through an
                        project suffers, often leading to delays in                   with the slum dwllers and copies     to ensure that               online system and are
                        completion exceeding 10-15 years.                             should be given to them.             they                         hence, available to
                                                                                                                                           ar           citizens.
                        The various stakeholders—SRA, builders,                       The plan once finalized approved     e
                        slumdweller committee members and                             and issue of commencement            completed               3.   On suggested measure
                        local slum lords in nexus with certain                        certificate cannot be open to        strictly in a time           4, The SRA already
                        officials,    police      and    elected                      changes and amendments.              bound                        verifies adherence to
                        representatives, are all responsible,                                                                        manner             the project timeline
                        though in different and unequal ways, for                     SRA should check on progress         . This                       before issuance of CC
                        such in-ordinate delays.                                      every month of the various works               audit
                                                                                      and timeline before granting         should                  4.   On suggested measure
                                                                                      commencement certificate.                      be                 5, it is stated that the
                                                                                                                           conducted by                 plans are usually not
                                                                                      Once LOI issued the developer        participation of             changed. The same is
                                                                                      cannot sublet or transfer the        all stakeholders.            subject to any planning
                                                                                      development rights.                                               constraint which the



                                                                                                                                                                                     Page 390
                                                                                                                                                                                     126
                                            developer encounters.
SRA should have the right to take
over a project from developer in       5.   On suggested measures
case the developer fails to make            6 and 7, Section 13(2)
progress as per its timeline.               empowers the SRA to
                                            change developers in
SRA may handover the project to             case the developer is
another developer upon due                  found to be in default.
process                                     Please also refer to the
                                            response in point 1(1)
Period from 3 years to 10 years be          in Table 3.
given to developer for completing
the project depending on the size of   6.   On suggested measure
the project.                                7, The LOI clearly
                                            specifies that for plots
                                            up to 2500 sq.m in size,
SRA should engage independent               the SRA gives 3 years
agencies to provide project                 to complete the scheme
assessment.                                 and for larger plots, a 5-
                                            year period is given.
Developer must must operate and
manage the project for 2-3 years       7.   On suggested measures
after completion to cover defects.          8 and 10, latent defect
                                            liability    period  is
SRA should secure the transit rent          already 10 years from
by way of security deposit bank             the completion of the
guarantee from the developers               scheme so as to ensure
                                            better quality.

                                       8.   On suggested measure
                                            9, please refer to the
                                            response in point 3(1)
                                            in Table 4.

                                       9.   On suggested measure
                                            11, Circular 210 has
                                            succeeded             in
                                            considerably reducing
                                            instances   of     non-
                                            payment of transit rent.




                                                                         Page 391
                                                                         127
17.   Adjudicating     1. Availability and sitting of AGRC:-           a)  Sec. 35 of a)   Records / database of pending       T-10   1. On      the   database/
      mechanism        (a) As already explained in point and Sr.           Slum Act.       and disposed of proceedings                   dashboard of cases
      under slum act        No. 6 that fixation of transit rent is a   b)     Order        before AGRC / GRC, may be                     before, AGRC and GRC,
      is ineffective.       primary problem, however, their            dated 19.07.2019    called for consideration.                     please refer to the
                            issue is inter-woven with the issue of     passed by this b)   To appoint retired High Court                 response in point 7(7)
                            adjudication of grievance of slum          Hon’ble Court in    Judge as Chairman of AGRC,                    above.
                            dwellers / occupants of Society who        the matter of       similarly, retired District
                            have been paid transit rent even after     Aslam Hasimali      Judge as Chairman of GRC                   2. On appointment of
                            03-04 years of their rehabilitation. It    Shaikh v. State of  [as observed by this Hon’ble                  judicial members to the
                            is necessary to put on record that         Maharashtra in      Court in the matter of Aslam                  AGRC, please refer to
                            AGRC only take up matters either           Civil WP No.        Hasimali Shaikh v. State of                   the response in point 6(1)
                            expedited by this Hon’ble Court or         5600 of 2019.       Maharashtra in WP No. 5600                    in Table 6.
                            33/38 proceedings or the matter                                of 2019], which should be
                            having disputed related to 13(2)                               fulltime, sitting on daily basis.          3. On listing of matters,
                            [termination        of       Developer].                   c) Procedure be provided for                      please refer to the
                            Litigation related to payment of                               listing of urgent matter,                     responses in point 1(6) of
                            transit rent has been kept in burner.                          before AGRC / GRC and                         Table 6.
                            To demonstrate it, around 90                                   Appellate Authority.
                            members of the present society have                        d) Application / Appeals etc                   4. On     hybrid   hearing
                            filed litigation for transit rent vide:-                       should be decided strictly on                 systems, please refer to
                               (i) Application / Appeal [L] No.                            seniority basis, except in                    the response in 6(4) in
                                     26 of 2023 [Harishchandra                             cases of urgency, which                       Table 6.
                                     Kesharwani and Anr vs SRA];                           should be recorded in writing.
                               (ii) Application / Appeal [L] No.                       e) Hybrid Hearing System                       5. For     introducing    or
                                                                                           (physical and online) must                    reducing timelines for
                                     24 of 2023 [Abbas Hussain
                                                                                           also be established and                       GRC and AGRC to
                                     and Ors vs SRA];
                                                                                           implemented.                                  decide appeals, please
                               (iii) Application / Appeal [L] No.
                                                                                       f)  Dashboard may be directed to                  refer to the responses in
                                     27 of 2023 [Abdul Samad
                                                                                           be created for cases pending                  Sr. Nos. 4 and 5 above.
                                     Ismail Maknojiya vs SRA];
                                                                                           and disposed of cases before
                      More than 04-05 attempts have been made
                                                                                           AGRC, GRC’s, Additional                    6. On appellate authorities
                      to last these Appeals filing praeicpe,
                                                                                           Collectors,       Competent                   issuing supplementary
                      however, not even a single time matter /
                                                                                           Authorities and ARS.                          Annexure-II, please refer
                      Appeal are listed either in mentioning
                                                                                       g) Appellate             Authorities              to the response in point
                      board or on main board.
                                                                                           (including GRC) should have                   9(7) above.
                       (b) Records available on Apex Grievance
                                                                                           powers to declare eligibility
                            Redressal Committee’s [In short
                                                                                           and issue supplementary Ann                7. On      timelines       for
                            ‘AGRC’] website show that they
                                                                                           – II [now the Appellate                       deciding        eligibility
                            assemble on an average 12-13 times a
                                                                                           Authorities despite coming to                 matters, please refer to
                            year (i.e. once in a month). This has
                                                                                           the conclusion that the slum                  the response in point 2 in
                            created huge backlog of cases before
                                                                                           dweller is eligible, does not                 Table 1.
                            AGRC. Database available on
                                                                                           decide       eligibility,    but
                            website concreates this plight. Such
                                                                                           remands back the matter to
                            non-availability of AGRC opens
                                                                                           Competent Authority, for
                            flood-gate of litigation at Hon’ble
                                                                                           deciding eligibility. This
                            Bombay High Court u/a 226 / 227.
                                                                                           compels the slum dwellers to
                       (c) Orders / directions of Chief Executive
                                                                                           file multiple litigation to
                            Officer, SRA [In short ‘CEO–SRA’]
                                                                                           decide their eligibility.
                            and delegated authorities / officers of
                            CEO–SRA are challenged before
                                                                                       h)   Application     for deciding
                            AGRC. Ironically, CEO–SRA is also
                                                                                            eligibility     should      be
                            member of AGRC. This also goes
                                                                                            numbered       and     decided
                            against the judicial principle of nemo


                                                                                                                                                                       Page 392
                                                                                                                                                                       128
     judex in causa sua (No one should be           expeditiously and in any case
     a judge in their own cause). Conflict          within 30 (thirty) days, that
     of interest in constitution of AGRC            too strictly as per seniority list
     cannot be ruled out.                           of date of Application.
2.   Availability and sitting of GRC’s:-
     Same difficulties is apparent before           Because, it is seen eligibility
     02 (two) Grievance Redressal                   Applications are kept pending
     Committees [GRC’s], except                     for months and years and
     conflict                                       when it comes to eviction of
     of interest.                                   the slum dwellers, the same is
3.   Moreover, members of AGRC / GRC                decided within weeks. At
     being bureaucrats already having               times, it is also seen out of
     different charge, their availability           turn Applications are decided.
     also at times becomes difficult.
4.   Numerous Praecipes / Applications          To appoint a Guardian Judge of
     are filed for listing of Appeals,          Bombay High Court for AGRC /
     however, those are not listed. It          GRC.
     escalates the plight of slum dwellers
     and opposite parties, as their is no
     proper procedure for listing of urgent
     matters.
5.   Applications and Appeals of sec. 33 /
     38 proceedings and Developer’s
     Applications are given priorities.
     Appeals for transit rent and other
     grievances are kept pending and
     unadjudicated before Authorities /
     GRC / AGRC for years.
6.   There is no proper procedure followed
     before the Authorities / GRC / AGRC,
     resulting in multiplicity of litigation.
7.   There is no regular sitting of GRC /
     AGRC / Appellate Authority.
8.   The these Appellate Authority/
     Committee decide substantial rights of
     the litigants, however, not being
     judicial members, their orders at times
     are non – judicious and erroneous,
     thereby      making      the      remedy
     meaningless.




                                                                                         Page 393
                                                                                         129
Page 394
130
                                         IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL
                                                                    JURISDICTION
                                                         SUO MOTO WRIT PETITION NO. 1 OF 2024




IN RE: PERFORMANCE OF AUDIT OF THE MAHARASHTRA SLUM AREAS (IMPROVEMENT,
CLEARANCE AND REDEVELOPMENT) ACT, 1971.
                                                                                                                             …Petitioner

                                         Versus
THE STATE OF MAHARASHTRA & ORS.
                                                                                                                           …Respondents




                                                                          SUGGESTIONS PERTAINING TO MISCELLANEOUS ISSUES




                                                                                                                                     Page 395
                                                                                                                                      131
Sr.   Specific Issue / Cause     of            the Relevant                     Proposed Measure / Solution           Whether        Proposed     Proposal      for Reference     Views and Suggestions of the SRA
No.   problem identified problem                                       existin                                        Measure / Solution          Legislative
                                                      g Statutory Section(s),                                         requires amendment          Reforms
                                                      Regulation(s), Rule(s),                                         of law by Legislature
                                                      Circular(s),
                                                      Guideline(s) and / or
                                                      Judgment(s)
1.    Categorization and     Encroachment        on   REGULATION                INCENTIVIZE THE CLEARING AND The proposed measure                 Under           the T-4       SRA is considering introducing a
      declaration of public  reserved public open     17(3)(D)(A)(2) OF THE MAINTENANCE OF RESERVED may be implemented by                         provisions        of          cluster redevelopment approach in
      open spaces reserved   spaces     by    slum    DEVELOPMENT               PUBLIC OPEN SPACES:                   an         administrative   Regulation                    which two or more slums present within
      for recreational use   dwellers and a failure   CONTROL                                                         notification/circular       33(10), sub-para              a ward / within a distance of 5 kms with
      as “slums” under the   of      the      State                         AN  One way to achieve this is to allow under the provisions of       10 of the DCR                 the adjoining ward can be redeveloped
      Slum Act               machinery to free up     D PROMOTION               for the amalgamation of slum Regulation                  33(10)   2034,      it     is          and rehabilitated at one place. This
                             the    public    open    REGULATIONS               rehabilitation               projects declaring all reserved      permissible      for          would free up the other plots which have
      Perpetuation of the spaces                                            FO  contemplated on open spaces with public open spaces as            the SRA to club               been considered a part of the cluster
      problem             of                          R GREATER MUMBAI, other slum rehabilitation schemes vital public projects.                  two or more                   redevelopment. This approach would
      overcrowding        in                          2034 (DCR):               in the same ward (which are not on                                rehabilitation                enable redevelopment of slums which
      slum     areas    and                                                     open spaces).                                                     projects.      This           are currently not feasible to be
      failing to remedy                                (i) Any plot/layout                                                                        provision may be              developed as slums due to planning
      overcrowding        in                          having area under non- Utilization of FSI from the area of                                  invoked in order              constraints or by virtue of being very
      rehabilitation                                  buildable/open      space the public open spaces designation                                to             club           small plots. Such slum plots may
      premises/areas      on                          reservations              that has actually been encroached                                 rehabilitation                become feasible for redevelopment as a
      account      of    the                          admeasuring up to 500 on may be permitted on other                                          schemes so as to              cluster redevelopment with other slums.
      complete failure to                             sq. m shall be cleared by proposed      slum     rehabilitation                             ensure          the
      maintain adequate,                              shifting    the     slum- schemes in the ward/area, whether                                 preservation      of          Due to this approach, slum on
      accessible      public                          dwellers from that site. or not the same are on a contiguous                                reserved public               reservations & amenity spaces can be
      open spaces                                                               parcel of land. In lieu of the same,                              open spaces.                  planned in better way and the same may
                                                      (ii) Where the area of the cleared plot would stand                                                                       lead to freeing up of amenity spaces due
                                                      site     having      non- surrendered to the MCGM. The                                                                    to shifting of slums on another plot. The
                                                      buildable/open      space provision of such TDR/FSI would                                                                 SRA is considering the viability of such
                                                      reservation, is more then allow the designated reserved                                                                   proposed       measure.     Accordingly
                                                      than 500 sq. m such sites open spaces to be cleared and                                                                   legislative amendments will be
                                                      may be allowed to be maintained as public open spaces.                                                                    proposed        made      for     cluster
                                                      developed for slum                                                                                                        redevelopment.
                                                      redevelopment subject to
                                                      condition that the ground
                                                      area of the land so used TREATING                          THE
                                                      shall not be more than CREATION/RESERVATION                AND
                                                      65% of the reservation MAINTENANCE OF PUBLIC OPEN
                                                      and      leaving      35% SPACES AS VITAL PUBLIC
                                                      rendered clear thereafter PROJECTS:
                                                      for the reservation.
                                                                                In the alternative to the foregoing,
                                                                                reserved public open spaces should
                                                                                be treated on par with vital public
                                                                                projects under the Regulation
                                                                                33(10), sub-para 3.11 which
                                                                                provides that slum-dwellers may be
                                                                                accommodated on unencumbered
                                                                                land (by making provision for


                                                                                                                                                                                                                   Page 396
                                                                                                                                                                                                                   132
Sr.   Specific Issue / Cause     of   the Relevant                  Proposed Measure / Solution             Whether      Proposed Proposal   for Reference   Views and Suggestions of the SRA
No.   problem identified problem                         existin                                            Measure / Solution Legislative
                                          g Statutory Section(s),                                           requires amendment Reforms
                                          Regulation(s), Rule(s),                                           of law by Legislature
                                          Circular(s),
                                          Guideline(s) and / or
                                          Judgment(s)
                                                                    adequate       TDR       on      such
                                                                    unencumbered land) and not
                                                                    rehabilitated in situ on the original
                                                                    plot. In view of the scarcity of
                                                                    public open spaces in the city of
                                                                    Mumbai, it is imperative that public
                                                                    open spaces be treated with the
                                                                    same significance as vital public
                                                                    projects.




                                                                                                                                                                                         Page 397
                                                                                                                                                                                         133
Sr.   Specific Issue / Cause     of     the Relevant               Proposed Measure / Solution             Whether      Proposed Proposal           for Reference      Views and Suggestions of the SRA
No.   problem identified problem                          existin                                          Measure / Solution Legislative
                                           g Statutory Section(s),                                         requires amendment Reforms
                                           Regulation(s), Rule(s),                                         of law by Legislature
                                           Circular(s),
                                           Guideline(s) and / or
                                           Judgment(s)
2.    Projects      are Mortgage of the No Provision               Stage    wise     completion  of        Provision        missing    Provision for the T-1         The said issue has been answered in
      prolonged         Development right.                         construction should be submitted        legislation           for   restraining such              Table No. 6.
                                                                   before the authority monthly.           restraining such practice   practice       is
                                                                                                           is required                 required
                                                                    Bar Chart of work governing
                                                                    various stages of construction
                                                                    should be submitted prior to
                                                                    initiation of construction and if
                                                                    delay is observed there should be
                                                                    specific reason justifying the same
                                                                    and stringent action should be taken
                                                                    on failure to comply with it.




3.    less  no of       Developer and some   No Provision           Instead of allowing the Developer Yes present legislation          Once           the T-1       1. As regards generation of PAPs, there is
            PAP         slum dwellers                               to sale flat that could be taken by requires amendment             Biometric survey             now a policy formulated by the State
      generation                                                    the State and sale in open market by                               is conducted there           Government as stated above, which
                                                                    way of lottery for instance like                                   should not be                ensures handing over and generation of
                                                                    MHADA limiting the role of the                                     resurveying      of          PAPs.
                                                                    Developer to Contractor.                                           plot should not be
                                                                                                                                       allowed.                     2. As regards bio-metrics, the same has
                                                                    Biometric survey for proper                                                                     been answered above. The process of Auto
                                                                    identification of number of Slum                                                                – Annexure II and biometrics is being
                                                                    Dwellers      and   limiting  the                                                               undertaken by the SRA already.
                                                                    multiplicity of Number of slum
                                                                    Dwellers.




                                                                                                                                                                                                       Page 398
                                                                                                                                                                                                       134
Sr.   Specific Issue / Cause     of               the Relevant                        Proposed Measure / Solution              Whether      Proposed Proposal   for Reference     Views and Suggestions of the SRA
No.   problem identified problem                                          existin                                              Measure / Solution Legislative
                                                          g Statutory Section(s),                                              requires amendment Reforms
                                                          Regulation(s), Rule(s),                                              of law by Legislature
                                                          Circular(s),
                                                          Guideline(s) and / or
                                                          Judgment(s)
4.    The statute and the     The procedure to be         Circular 144 read with      The rule/regulation/condition to Yes                                          T-2         Obtaining consents is a requirement
      ancillary rules and     followed       by      a    Circular 144A read with     take consent of slum dwellers to                                                          under the DCPR and the same has been
      regulations do not go   landowner to carry          Section 13(1) of the said   redevelop for their benefit should                                                        recognized as a fundamental requirement
      beyond recognition      out               slum      Act                         be dispensed with in the case of                                                          by various judgments of this Hon’ble
      of the preferential     rehabilitation        is                                landowners developing his own                                                             Court and the Hon’ble Supreme Court of
      rights     of     the   extremely                                               land.                                                                                     India.
      landowner               cumbersome and does
                              not    bestow       any                                 The said Act ought to be amended                                                          The suggested measure of deletion of the
      Preferential right is   advantage            or                                 in so far as that on an application                                                       requirement of consents requires
      only a right of first   incentivize            a                                being made by the landowner to the                                                        legislative amendment.
      refusal and does not    landowner            to                                 SRA for sanctioning a scheme, the
      confer            any   complete                                                slum dwellers should not have any
      preference     and/or   rehabilitation of slum                                  say as the expertise for ensuring a
      advantage as sought     dwellers on his land                                    beneficial     development      for
      to be alleged.                                                                  rehousing the slum dwellers is
                                                                                      available with the SRA.
                              Upon       the      SRA
                              identifying          the
                              eligible slum dwellers                                  Once the owner submits his
                              and certifying draft                                    application      for    development
                              annexure       II,    the                               alongwith all annexures, the criteria
                              landowner is required                                   for eligibility should be completed
                              to obtain 51% consent                                   by SRA in a time bound period.
                              of the eligible slum                                    Further, a thorough scrutiny should
                              dwellers, as identified                                 be carried out at the inception itself
                              by SRA and a general                                    with respect to the title of the
                              body resolution from                                    landowner alongwith consent of
                              the proposed society                                    co-owners, so as ensure that there is
                              of the slum dwellers                                    no litigation when the proposal
                              in     this       regard.                               filed by the landowner is at an
                              Without      such       a                               advance stage.
                              consent the proposal
                              cannot be accepted
                              finally.


                              A         landowner’s
                              scheme is withheld, at
                              the instance of certain
                              unscrupulous
                              elements with vested
                              interests, due to
                              alleged     lack     of
                              consent from the slum



                                                                                                                                                                                                                 Page 399
                                                                                                                                                                                                                 135
Sr.   Specific Issue / Cause     of               the Relevant                      Proposed Measure / Solution             Whether      Proposed Proposal   for Reference      Views and Suggestions of the SRA
No.   problem identified problem                                        existin                                             Measure / Solution Legislative
                                                         g Statutory Section(s),                                            requires amendment Reforms
                                                         Regulation(s), Rule(s),                                            of law by Legislature
                                                         Circular(s),
                                                         Guideline(s) and / or
                                                         Judgment(s)
                             dwellers,      who
                             themselves         have
                             negligent
                             understanding of the
                             process      of    slum
                             redevelopment. Thus,
                             after having invested
                             significant sums, the
                             landowner may be left
                             in lurch as his
                             proposal         maybe
                             rejected at the stage of
                             LOI due to lack of
                             consent.
5.    Valuable      property There        are      no    An Owner is defined To amend the said Act by Yes.                                      A separate chapter T-2       The provisions contained in the Act
      rights     of     such provisions in the said      under section 2(f) of the introducing a distinct chapter with                          ought      to  be            recognize the rights of the owners to carry
      entities/individuals   Act to specifically         said Act                  provisions, rules and regulations                            introduced in the            out slum schemes and are sufficient. The
      have             been address and/or protect                                 specifically dealing with the rights                         legislation to set           same is also a subject matter of various
      unreasonably       and the rights of a             Section 2(c-a) of the of landowners.                                                   out the rights of            judgments where the Hon’ble Bombay
      arbitrarily sought to landowner           with     said Act defines a                                                                     landowners under             High Court has interpreted provisions of
      be deprived by slum respect          to      his   developer as an agency                                                                 the said Act                 the Slum Act and set – out the rights and
      dwellers at the behest ownership of a slum         appointed by the Chief                                                                 including       the          liabilities of owners of slum encroached
      of     entities with encumbered            land    Executive officer (SRA)                                                                manner in which a            lands.
      vested interest.       and/or his intent to                                                                                               landowner      can
                             redevelop such a land.      Section 2(e) of the said                                                               commence
                                                         Act defines an occupier                                                                redevelopment of
                                                                                                                                                his own land.
                                                         Section 2(h-a) defines
                                                         slum lord.
6.    Multiple Litigations    The       scope      of                               Frivolous litigation filed by parties                                         T-2        A blanket prohibition from initiation of
      filed by parties with   challenge to any act                                  with vested interests ought to be                                                        proceedings concerning lands owned by
      vested interest in      of            statutory                               curbed in order to incentivize a                                                         private owners may amount to violation of
      schemes filed by        authorities in exercise                               landowner to redevelop his own                                                           principles of natural justice. In any case,
      Landowners              of their powers under                                 land expeditiously and uphold the                                                        presently, while declaring the lands as
                              the said Act is wide,                                 objects of the said Act                                                                  SRA under Section 3C gives notice to the
                              which                                                                                                                                          land owner and interest persons only. The
                                     promotes                                       The power to challenge any                                                               hearing in that sense is restricted.
                              incessant                                             proposal for redevelopment filed                                                          .
                              litigation and                                        by a landowner should be restricted
                                     further derails                                in a manner that a proposal filed by
                              redevelopment                                         a landowner can only be set aside
                              proposals filed by                                    for blatantly contravening the
                              landowners.                                           provisions of the said Act.
                                                                                    The said Act ought to be lucid



                                                                                                                                                                                                                 Page 400
                                                                                                                                                                                                                 136
Sr.   Specific Issue / Cause     of              the Relevant                     Proposed Measure / Solution            Whether      Proposed Proposal         for Reference     Views and Suggestions of the SRA
No.   problem identified problem                                       existin                                           Measure / Solution Legislative
                                                        g Statutory Section(s),                                          requires amendment Reforms
                                                        Regulation(s), Rule(s),                                          of law by Legislature
                                                        Circular(s),
                                                        Guideline(s) and / or
                                                        Judgment(s)
                                                                                  enough to restrict parties from
                                                                                  challenging proposals on frivolous
                                                                                  grounds such as title disputes,
                                                                                  technicalities, minor procedural
                                                                                  faults or delays in filing proposals
                                                                                  and the larger intent i.e. to
                                                                                  redevelop slum encroached lands
                                                                                  and rehabilitate slum dwellers
                                                                                  ought to be prioritized.

                                                                                  There should be a bar on private
                                                                                  parties seeking to challenge on
                                                                                  frivolous grounds a proposal filed
                                                                                  by the landowner. There should be
                                                                                  legal prohibition against any
                                                                                  litigation    to    prevent     the
                                                                                  redevelopment.
7.    Landowner’s             120 days is not Section 13 of said Act              After a particular property is                                                       T-2      The said issue is already addressed
      preferential right to   sufficient         for                              declared as slum under section                                                                above. The same is pending adjudication
      develop his own         landowners to file all                              3C(1) of the said Act, SRA should                                                             before the Hon’ble Supreme Court of
      property                annexures         and                               call upon the landowner, by written                                                           India.
                              particularly Annexure                               communication, to file his proposal
                              II.                                                 to redevelop the said property, as
                                                                                  observed by this Hon’ble Court in
                              Landowners        face                              Bishop John Rodrigues vs State of
                              vexatious objections                                Maharashtra (2024 SCC Online
                              from slum dwellers                                  Bom 1632)
                              who are backed by
                              3rd party agencies to
                              thwart development
                              by landowners.
8.    Under the present       The Societies / slum      Clause 4.2 of       the This problem can be addressed by         Clause 4.2 of the       Clause 4.2 of the              The said issue is addressed hereinabove.
      statutory     scheme,   dwellers         often    Appendix-VIII           laying down certain guidelines           Appendix-VIII      of   Appendix-VIII of               Circular 210 adequately covers the issue
      before slum dwellers    demand higher rent /                           o authorizing SRA officials / Asst.         Regulation 33(10) of    Regulation 33(10)              of non – payment of rent. As stated
      vacate            their exorbitant amount of      f Regulation 33(10) of Registrars of Societies, SRA to fix       DCPR 2034 is required   of DCPR 2034                   above, the SRA is considering fixing a
      respective hutments,    transit rent from the     DCPR 2034.              the quantum of transit rent.             to be amended.          shall be amended               base rent.
      the Developer is        Developers.                                                                                                        so as to authorize
      either required to                                                                                                                         ARS, SRA to fix
      provide         transit                                                                                                                    transit rent to be
      accommodation or Moreover,                these                                                                                            given to slum
      transit rent.           transit rents are often                                                                                            dwellers       who
                              considered           as                                                                                            shall be shifted
                              alternative source of                                                                                              out of the property
      Disputes arise on income and therefore,                                                                                                    for implementing



                                                                                                                                                                                                                 Page 401
                                                                                                                                                                                                                 137
Sr.   Specific Issue / Cause     of           the Relevant                     Proposed Measure / Solution           Whether      Proposed Proposal     for Reference      Views and Suggestions of the SRA
No.   problem identified problem                                   existin                                           Measure / Solution Legislative
                                                    g Statutory Section(s),                                          requires amendment Reforms
                                                    Regulation(s), Rule(s),                                          of law by Legislature
                                                    Circular(s),
                                                    Guideline(s) and / or
                                                    Judgment(s)
      account     of    the slum Society are very                                                                                        the S.R. Scheme.
      quantum of transit     persistent                                                                                                  The       proposed
      accommodation rent in             demanding                                                                                        change in Clause
      which is to be decided                   hi                                                                                        4.2      of     the
      between the proposed gher transit rents.                                                                                           Appendix-VIII of
      Society     and    the                                                                                                             Regulation 33(10)
      Developer as per                                                                                                                   of DCPR 2034
      clause 4.2 of the                                                                                                                  can be considered
      Appendix-VIII       of                                                                                                             to be made as
      Regulation 33(10) of                                                                                                               follows:
      DCPR 2034.                                                                                                                         “4.2 The
                                                                                                                                         eligible      slum
      These         disputes                                                                                                             dwellers shall be
      between            the                                                                                                             shifted          to
      Developer and the                                                                                                                  temporary transit
      Society result into                                                                                                                rent or on rent as
      litigation that stymie                                                                                                             may be decided by
      the progress of the                                                                                                                ARS, SRA after
      slum rehabilitation                                                                                                                taking         into
      schemes.                                                                                                                           account
                                                                                                                                         prevailing
                                                                                                                                         circumstances.”
9.    Obstruction         by Such persons file Section          2    (e)       Annexure – II must be finalized by No.                                          T-3      The SRA is in the process of introducing
      persons having or Civil suits in the Civil                – definition   the concerned authority in a timely                                                      the system of auto – Annexure II by
      claiming to have Court and obtain of Occupier                            manner. Some outer limit must be                                                         relying on biometrics. This will ensure
      some rights in the      restraining orders                               prescribed for finalisation.                                                             that the list of slum dwellers is readily
      land, which rights are which hamper the Section 2 (f) definition                                                                                                  available. This will also ensure that the
      lesser          than    progress of Slum of Owner                        Section 42 must be strictly                                                              developer and the SRA is aware of all
      ownership, or, not Rehabilitation                                        implemented. There must be                                                               persons interested in the scheme. Any
      absolute, which may Schemes          possibly Section 42 of the Slum     Judicial clarity on this aspect by                                                       litigations filed by persons other than
      be in the nature of with a view to cause Act                             holding that persons only having                                                         these recognized interested persons may
      leasehold       rights, their names to appear                            monetary claims or seeking to raise                                                      accordingly be dealt with.
      tenancy rights etc., in Annexure – II or as Section 149 of MRTP          monetary claims, but who are not in
      and such persons are an extortionary tactic Act                          possession of any structure or any
      not Occupiers. Such to make a bonanza at                                 part of the land on which the Slum
      persons may have tremendous                   SRA circular No. 167       Redevelopment Scheme is to be
                                                              th
      some right or may inconvenience            to dated 30 December          implemented and who are not
      require to establish Slum Rehabilitation 2015.                           landowners, are prevented from
      some rights, since Scheme, the other                                     bypassing the provisions of section
      they are not in eligible slum dwellers                                   42 of the Slum Act and section 149
      occupation            / and the landowner.                               of the MRTP Act.
      possession of or on
      any part of the private                                                  This Hon’ble Court must hold and
      land. Such persons                                                       clarify    that    the     Slum



                                                                                                                                                                                                          Page 402
                                                                                                                                                                                                          138
Sr.   Specific Issue / Cause     of                the Relevant                      Proposed Measure / Solution            Whether      Proposed Proposal   for Reference      Views and Suggestions of the SRA
No.   problem identified problem                                          existin                                           Measure / Solution Legislative
                                                           g Statutory Section(s),                                          requires amendment Reforms
                                                           Regulation(s), Rule(s),                                          of law by Legislature
                                                           Circular(s),
                                                           Guideline(s) and / or
                                                           Judgment(s)
      resort to litigation to                                                        Redevelopment Project in its
      stall               the                                                        entirety should go ahead and, if
      Redevelopment                                                                  required, a certain portion of the
      Scheme and / or to                                                             area in the Freesale Component
      seek         injunctive                                                        should be kept unencumbered as
      reliefs in respect of                                                          security for the Plaintiff if he
      implementation        of                                                       succeeds     in      proving     and
      the              Slum                                                          establishing his monetary claim.
      Rehabilitation                                                                 Such an approach would hasten
      Scheme.                                                                        many Slum Redevelopment Projects
                                                                                     which are languishing due to
                                                                                     injunctive orders having been
                                                                                     passed by the civil court.
10.   Jurisdiction of Slum       That             Slum     Sec. 2(19) of MR&TP       It should be clarified that SRA is                                          T-9         The provisions in the MRTP, the Slum Act
      Rehabilitation             Rehabilitation            Act.                      having jurisdiction only in respect                                                     and the DCPR – 2034 are clear in this
      Authority [SRA]            Authority [In short                                 of ‘Slum Rehabilitation Area’                                                           regard. The SRA was introduced as a
                                 ‘SRA’] is appointed       Sec. 3C and 3D of the     declared u/s. 3C of the Slum Act                                                        planning and execution body for slums in
                                 as ‘Special Planning      Slum Act.                 and not otherwise.                                                                      Mumbai.
                                 Authority’      only
                                 in respect of ‘Slum
                                 Rehabilitation Area’
                                 declared u/s. 3C of
                                 the Slum Act, as
                                 provided u/s. 2(19)(b)
                                 of MR&TP Act.

                                 Further, once an area
                                 is declared as ‘Slum
                                 Rehabilitation Area’
                                 u/s. 3C of the Slum
                                 Act, a substantial
                                 provision of the Slum
                                 Act, stands amended /
                                 modified qua such
                                 ‘Slum Rehabilitation
                                 Area’, as provided u/s.
                                 3D of the Slum Act,
                                                 thereb
                                 y empowering SRA to
                                 exercise       various
                                 powers under Sum Act
                                 [for example eviction
                                 (sec. 33),
                                 demolition (sec. 38),



                                                                                                                                                                                                              Page 403
                                                                                                                                                                                                              139
Sr.   Specific Issue / Cause     of        the Relevant                     Proposed Measure / Solution   Whether      Proposed Proposal   for Reference   Views and Suggestions of the SRA
No.   problem identified problem                                 existin                                  Measure / Solution Legislative
                                                  g Statutory Section(s),                                 requires amendment Reforms
                                                  Regulation(s), Rule(s),                                 of law by Legislature
                                                  Circular(s),
                                                  Guideline(s) and / or
                                                  Judgment(s)
                        cancellation        of
                        appointment         of
                        Developer        (sec.
                        13(2)) etc], thus, the
                        legislative intent is
                        also to appoint SRA
                        as ‘Special Planning
                        Authority’ only in
                        respect    of    ‘Slum
                        Rehabilitation Area’
                        and not otherwise.

                        Thus,
                        above       provisions
                        make it amply clear
                        that prerequisite for
                        SRA to claim as
                        ‘Special      Panning
                        Authority’,          is
                        declaration of an area
                        as              ‘Slum
                        Rehabilitation Area’
                        u/s. 3C of the Slum
                        Act,      and      not
                        otherwise.

                         However, SRA as
                        ‘Special      Panning
                        Authority’ is granting
                        approvals also in
                        ‘Censused Area’ and
                        ‘Slum Area’, which
                        are not declared as
                        ‘Slum Rehabilitation
                        Area’, which is in
                        violation of Sec. 2(19)
                        of the MR&TP Act
                        r/w. Sec. 3C of the
                        Slum Act.

                        By claiming status of
                        ‘Special    Planning
                        Authority’, SRA is
                        also         granted



                                                                                                                                                                                       Page 404
                                                                                                                                                                                       140
Sr.   Specific Issue / Cause     of              the Relevant                     Proposed Measure / Solution            Whether      Proposed Proposal   for Reference      Views and Suggestions of the SRA
No.   problem identified problem                                       existin                                           Measure / Solution Legislative
                                                        g Statutory Section(s),                                          requires amendment Reforms
                                                        Regulation(s), Rule(s),                                          of law by Legislature
                                                        Circular(s),
                                                        Guideline(s) and / or
                                                        Judgment(s)
                              permissions         in
                              ‘Censused Area’ of
                              MHADA Land and
                              Corporation     Land,
                              however, the same is
                              again contrary to Sec.
                              2(19) of the MR&TP
                              Act r/w 3C of the
                              Slum Act.




11.   Cancellation       of   Sec. 13(2) of the Slum Sec. 13(2) of the Slum       Sec. 13(2) of the Slum Act, should                                          T-9         Presently, the SRA is reviewing all
      appointment        of   Act, empowers CEO– Act                              be more elaborate;                                                                      schemes at each stage when the developer
      Developer [sec. 13(2)   SRA      to     cancel                                                                                                                      approaches the SRA for seeking
      proceedings]     and    appointment of the                                  Time limit, should be prescribed                                                        permissions. In the event it is found by
      appointment of new      Developer, in event of                              stage wise and in case of failure to                                                    SRA that the scheme is inordinately
      Developer-              delay      or       non-                            abide by the same, without                                                              delayed, the SRA has the power to initiate
                              fulfilment        of                                satisfactory reasons, proceedings                                                       proceedings suo – moto under the Slum
                              obligations under the                               u/sec. 13(2) of Slum Act, should be                                                     Act.
                              Scheme.                                             initiated and triggered suo-moto by
                                                                                  SRA.                                                                                    The SRA is considering introducing a time
                              At times, it is also                                                                                                                        frame within which the proposed project
                              seen that Sec. 13(2)                                Similarly, in case of default of                                                        would be developed. The said time limit
                              proceedings         are                             obligation or any act or omission                                                       will be specified in the LOI itself. In the
                              initiated at the behest                             contrary to the S. R. Scheme, then                                                      event of failure to comply with the time
                              of rival Developer, by                              also proceedings u/sec. 13(2) of                                                        frame mentioned in the LOI depending on
                              hijacking           the                             Slum Act, should be initiated suo-                                                      the scale of the project, the SRA will
                              Committee, with no                                  moto by SRA.                                                                            consider taking further steps against the
                              actual default on part                                                                                                                      developer.
                              of the appointed                                    Once appointment of Developer is
                              Developer.                                          cancelled under 13(2) proceedings,
                                                                                  then SRA should appoint some
                              It is observed that a                               competent Developer by calling
                              rival / competing                                   Tender and it should not be left to
                              Developer influences                                the Society, to avoid influence of
                              / lures the slum                                    rival Developer.
                              dwellers          and
                              committee members,                                  In case of already S. R. Scheme
                              terminates         the                              sanctioned on MHADA Land and
                              existing    Developer                               MCGM Land, if there is delay by a
                              and appoints himself.                               Developer in completing S. R.
                              This                                                Project,       the      Developer’s
                                              create                              appointment be terminated u/sec.


                                                                                                                                                                                                              Page 405
                                                                                                                                                                                                              141
Sr.   Specific Issue / Cause     of               the Relevant                     Proposed Measure / Solution            Whether      Proposed Proposal   for Reference      Views and Suggestions of the SRA
No.   problem identified problem                                        existin                                           Measure / Solution Legislative
                                                         g Statutory Section(s),                                          requires amendment Reforms
                                                         Regulation(s), Rule(s),                                          of law by Legislature
                                                         Circular(s),
                                                         Guideline(s) and / or
                                                         Judgment(s)
                               s unhealthy                                         13(2) of the Slum Act and
                               competition and focus                               redevelopment of S.R. Project may
                               from     rehabilitation                             be proceeded by MCGM or
                               shifts               to                             MHADA, as the case may be.
                               commercialization of
                               S. R. Projects.                                     In the event S. R. Scheme is
                                                                                   incomplete in a private land, the
                                                                                   auction of project through
                                                                                   transparent procedure be invited
                                                                                   from      interested    developers
                                                                                   (including planning authorities).

                                                                                   This shall prevent illegal – trading
                                                                                   and competing element at bay. It
                                                                                   shall reduce the litigations before
                                                                                   various forums, including the High
                                                                                   Court.

                                                                                   In the event of appointment of
                                                                                   Developer is cancelled u/sec. 13(2)
                                                                                   then such Developer, its Partners /
                                                                                   Directors should be black listed
                                                                                   from being appointed as Developer,
                                                                                   in any future S. R. Projects.

12.   In respect of            With     regard     to                              To abolish ACB – AGRC / HPC as                                              T-9           HPC-ACB is constituted by Hon’ble
      commission          of   offences committed                                  the same was in violation of                                                            High Court in Shailesh Gandhi’s Case, the
      cognizable offences      in S. R. Scheme,                                    Cr.P.C., 1973 and/or now B.N.S.S.,                                                      Hon’ble High Court has given findings
      while implementing       Complaint has to be                                 2023.                                                                                   and reasonings for constituting HPC-ACB
      of the Scheme, matter    firstly filed before                                                                                                                        in para 16 of the said judgement.
      are referred to          ACB – AGRC and
      A.C.B. – AGRC,           then pursuant to                                                                                                                              Since, the formation of HPC-ACB, this
      contrary to Cr.P.C.      outcome of said                                                                                                                             committee has been adjudicating various
                               Complaint,     further                                                                                                                      numbers of the complaints and various
                               course of action is                                                                                                                         order passed by HPC-ACB. Some of the
                               decided in the matter.                                                                                                                      orders are challenged in Hon’ble Bombay
                                                                                                                                                                           High court and Apex Court, however, no
                               This is in blatant                                                                                                                          court has raised any queries in respect of
                               violation of criminal                                                                                                                       powers of HPC-ACB. As such there is no
                               jurisprudence. Once                                                                                                                         requirement of constituting any other
                               cognizable offence is                                                                                                                       authority, instead of HPC-ACB. It is
                               disclosed then there                                                                                                                        important to note that various activist are
                               should      be     FIR                                                                                                                      lodging false and frivolous complaint
                               registered at once.                                                                                                                         against the officials of SRA which leads to



                                                                                                                                                                                                               Page 406
                                                                                                                                                                                                               142
Sr.   Specific Issue / Cause     of             the Relevant                      Proposed Measure / Solution   Whether      Proposed Proposal   for Reference      Views and Suggestions of the SRA
No.   problem identified problem                                      existin                                   Measure / Solution Legislative
                                                       g Statutory Section(s),                                  requires amendment Reforms
                                                       Regulation(s), Rule(s),                                  of law by Legislature
                                                       Circular(s),
                                                       Guideline(s) and / or
                                                       Judgment(s)
                              However, due to                                                                                                                    harassment of officials and it would be
                              creation of ACB –                                                                                                                  rather very difficult for every government
                              AGRC, FIR/s are not                                                                                                                official to discharge his duties
                              registered    despite                                                                                                              independently, if everyone go on lodging
                              commission          of                                                                                                             false complaints.
                              cognizable offence.
                                                                                                                                                                   The HPC-ACB is an independent body.
                                                                                                                                                                 One of the invitee member is Additional
                                                                                                                                                                 Commissioner of Police, being expert in
                                                                                                                                                                 investigation.

                                                                                                                                                                  In view of aforesaid circumstances,
                                                                                                                                                                 functioning of HPC-ACB is within the
                                                                                                                                                                 parameter of Hon’ble High Court’s
                                                                                                                                                                 Judgement in Shailesh Gandhi’s case.




13.   Eviction of slum                                 Before     passing    of                                                     T-9                          This has been considered above.
      dwellers is vital for                            eviction Order they
      implementation of                                must       be      under
      the Scheme and                                   obligation and SRA
      should             be                            shall ensure –
      implemented       on
      urgency basis.                                   22 (twenty-two) months
                                                       of advance transit rent
                                                       [+11 months thereafter
                                                       post dated cheques] is
                                                       paid to eligible slum
                                                       dwellers [as provided in
                                                       Circular No. 210 dtd.
                                                       01.08.2023 and 210A
                                                       dtd. 23.02.2024 of
                                                       SRA];

                                                       11 (eleven) months of
                                                       advance rent in case of
                                                       non-eligible      slum
                                                       dwellers;

                                                       compulsory survey of
                                                       slum



                                                                                                                                                                                                    Page 407
                                                                                                                                                                                                    143
Sr.   Specific Issue / Cause     of        the Relevant                       Proposed Measure / Solution   Whether      Proposed Proposal   for Reference      Views and Suggestions of the SRA
No.   problem identified problem                                  existin                                   Measure / Solution Legislative
                                                g Statutory Section(s),                                     requires amendment Reforms
                                                Regulation(s), Rule(s),                                     of law by Legislature
                                                Circular(s),
                                                Guideline(s) and / or
                                                Judgment(s)
                                                structure, in case of non-
                                                eligible slum dweller;

                                                As far as possible to
                                                decide       eligibility
                                                Application, prior to
                                                eviction.

                                                In case of transit
                                                accommodation,          02
                                                (two) months prior
                                                structural audit of transit
                                                camp building should be
                                                done, through some
                                                Government approved /
                                                recognised Agency.
14.   Despite prohibition Sec. 3E of the Slum   Prohibition of Sale /                                                           T-9                          The same has been addressed above.
      on Sale / Transfer of Act.                Purchase of Rehab
      Rehab Tenements for                       Tenements should be
      10 years, the same is                     strictly implemented.
      ineffective and there                     Though Orders are
      is rampant sale /                         passed by this Hon’ble
      transfer of Rehab                         Court in the matter on
      Flats and the same is                     time to time, however,
      also on record of the                     no effective steps are
      Authorities,                              taken in this regard.
      however,           no
      adequate          and                     The      restriction  of
      effective steps are                       transfer of tenements
      taken in this regard.                     should be reversed back
      Moreover, now the                         to 10 years, instead of
      prohibition of 10                         05 years and a survey of
      years, reduced to 5                       allottees and occupants
      years.                                    of
                                                                      R
                                                ehab
                                                                      B
                                                uilding
                                                                      s
                                                hould
                                                                      b
                                                e conducted every 3
                                                years.




                                                                                                                                                                                             Page 408
                                                                                                                                                                                              144
Sr.   Specific Issue / Cause     of   the Relevant                      Proposed Measure / Solution   Whether      Proposed Proposal   for Reference      Views and Suggestions of the SRA
No.   problem identified problem                          existin                                     Measure / Solution Legislative
                                          g Statutory Section(s),                                     requires amendment Reforms
                                          Regulation(s), Rule(s),                                     of law by Legislature
                                          Circular(s),
                                          Guideline(s) and / or
                                          Judgment(s)
15.   Developer                           Approval      of     the                                                        T-9                           The plans are sanctioned with the
      unilaterally decides                Building Plan / Layout,                                                                                       approval of the SRA. There is no require
      Building     Plan     /             should be taken from                                                                                          to get the plans sanctioned with the
      Layout,        without              the General Body of the                                                                                       consent of the slum dwellers.
      consultation     from               Society, before filing it
      Society, thus, Society              before     SRA        for
      / Members needs /                   approval.
      requirements are not
      given
                         du
      e
      consideration.
16.   Rehabilitation    of                Relocation               of                                                     T-9                          The same requires statutory amendment.
      Commercial                          ‘Commercial Premises’,                                                                                       As of now, the Commercial tenements are
      Tenements        are                should be as far as                                                                                          being given as per the provisions of the
      compromised, being                  possible on ground                                                                                           DCPR.
      in small number.                    floor, having equivalent
                                          locational advantage, as
                                          existing      prior      to
                                          demolition.
                                          Rehabilitation           of
                                          ‘Commercial Premises’,
                                          should        not        be
                                          compromised             for
                                          commercial gain of
                                          Developer.
                                          In case of large
                                          Commercial Premises
                                          [i.e. more than 225 sq.
                                          ft. carpet area], the slum
                                          dweller should be given
                                          preferential right to
                                          purchase additional area
                                          over and above 225 sq.
                                          Ft. at construction cost,
                                          which construction cost
                                          should be decided by
                                          SRA and not left to the
                                          discretion      of      the
                                          Developer.

                                          In this regard, at the
                                          time of appointment of
                                          the Developer itself, a


                                                                                                                                                                                         Page 409
                                                                                                                                                                                         145
Sr.   Specific Issue / Cause     of   the Relevant                     Proposed Measure / Solution   Whether      Proposed Proposal   for Reference     Views and Suggestions of the SRA
No.   problem identified problem                            existin                                  Measure / Solution Legislative
                                          g Statutory Section(s),                                    requires amendment Reforms
                                          Regulation(s), Rule(s),                                    of law by Legislature
                                          Circular(s),
                                          Guideline(s) and / or
                                          Judgment(s)
                                          tripartite     Agreement
                                          should be executed
                                          between        Developer,
                                          Society      and     SRA,
                                          wherein, location of
                                          rehabilitation          of
                                          ‘Commercial Premises,
                                          transit rent amount and
                                          rate of purchasing
                                          additional area over 225
                                          sq. ft. carpet area [upto
                                          exiting       commercial
                                          premises area], should
                                          be recorded.

17.   Rehab Buildings are                 Quality of construction                                                        T-9                          As regards the maintenance of the
      not constructed in                  should       be       the                                                                                   building, the same is answered above.
      time and there is too               responsibility of the
      much of delay. Slum                 Developer and same
      Dwellers have to wait               should be checked,
      for years and in some               tested and audited by
      scheme for more than                team of at least 03
      20 years, for their                 (three) officers of the
      rehabilitation;                     S.R.A every 03 (three)
      The       construction              months, who shall be
      quality of the Rehab                personally responsible
      Buildings are very                  for any future defect.
      poor and in a period                Further, it shall also be
      of 10 – 15 years,                   the responsibility of the
      would require further               architect     /     RCC,
      redevelopment.                      consultant, appointed
                                          for the Scheme.

                                          Any recommendation
                                          based on Report given
                                          by such Officers, should
                                          be immediately rectified
                                          within a reasonable time
                                          specified therein and till
                                          such rectification is
                                          done,      no     further
                                          permission should be
                                          given to the Developer.
                                          And in case of default,



                                                                                                                                                                                     Page 410
                                                                                                                                                                                     146
Sr.   Specific Issue / Cause     of   the Relevant                      Proposed Measure / Solution   Whether      Proposed Proposal   for Reference     Views and Suggestions of the SRA
No.   problem identified problem                           existin                                    Measure / Solution Legislative
                                          g Statutory Section(s),                                     requires amendment Reforms
                                          Regulation(s), Rule(s),                                     of law by Legislature
                                          Circular(s),
                                          Guideline(s) and / or
                                          Judgment(s)
                                          Stop Work Notice
                                          should      be     issued
                                          immediately.       Defect
                                          liability should be the
                                          essence of permissions
                                          issued for construction of
                                          the       building      for
                                          rehabilitation of the slum
                                          dwellers.

                                          Incase,     of      Rehab
                                          Building          already
                                          completed, the same
                                          shall be audited by SRA
                                          and     Developer       be
                                          directed      to      take
                                          necessary           steps/
                                          measures, as per such
                                          audit,
18.   It is noticed that in               Fire Audit of Rehab                                                             T-9                          All permissions regarding fire safety are
      many S.R. Schemes,                  Buildings to be carried                                                                                      required to be complied with and insisted
      Fire             Safety             periodically by CFO                                                                                          on.
      equipments       are                and an independent
      installed for name                  agency, essentially to
      sake       and       the            evaluate        following
      Occupation                          issues :-
      Certificates
                        are               Installation of Fire
      granted by SRA                      Equipments, that too in
      without                             working condition;
                        actua
      l verification of                   Fire Engine movement
      factual position of                 in the Rehab Building,
      Fire Safety measures.               to ensure reach to fire
      The      issues     like            affected site, incase of
      smooth              and             fire emergency,
      obstruction free
      access      for      Fire           Compulsory
      Engineer around                     implementation of
      Building                            Mock              Drill/
                      are                 Demonstration
      compromised. Fire                   Programs to ensure that
      NOC and OC are                      occupants are well
      issued          without             versed and aware to deal



                                                                                                                                                                                         Page 411
                                                                                                                                                                                         147
Sr.   Specific Issue / Cause     of           the Relevant                    Proposed Measure / Solution   Whether      Proposed Proposal   for Reference     Views and Suggestions of the SRA
No.   problem identified problem                                  existin                                   Measure / Solution Legislative
                                                  g Statutory Section(s),                                   requires amendment Reforms
                                                  Regulation(s), Rule(s),                                   of law by Legislature
                                                  Circular(s),
                                                  Guideline(s) and / or
                                                  Judgment(s)
      subjective                                  with the Fire incidents
      satisfaction.                               in such Buildings.

      It is also noticed that
      in majority cases Fire
      Extinguishers      and
      Equipments though
      installed, however,
      remain       non      –
      functional, thereby
      compromising with
      life and property of
      the occupants therein.
19.   It is seen that the Clause No. 9            Corpus Fund of Rs.                                                            T-9                          The SRA requires depositing Rs.
      Corpus       of     Rs. of Regulation No.   60,000/- per tenement                                                                                      40,000/- per tenement as maintenance
      40,000/-[as on date 33(10)                  for buildings upto 10                                                                                      cost. The SRA is considering increasing
      provided]                of DCPR, 2034.     floors    should      be                                                                                   the costs.
                            i                     deposited     by     the
      s inadequate for                            Developer with SRA,
      taking                                      which      should     be
      care        of       the                    released in the account
      maintenance of the                          of the
      Rehab          Building.                    Society      immediately
      Moreover, Number of                         upon O.C. of the building
      Floors of the Rehab                         and for Buildings of
      Building should also                        above ten floors corpus
      be                                          fund should be Rs.
                       consid                     1,00,000/- per tenement.
      ered, because, more
      the height of the
      Building, more is the
      maintenance.
20.   Maintenance of High                         Permission for High                                                           T-9                          The buildings are sanctioned after
      Rise Building is very                       Rise Buildings should                                                                                      considering the planning conditions on
      high, which is very                         be avoided and instead                                                                                     site. Restricting the construction of
      difficult for poor                          of one High Rise                                                                                           buildings to a certain height may render
      slum dwellers.                              Building, multiple                                                                                         the scheme unviable.
                                                  small buildings may be
                                                  constructed on the Plot.




                                                                                                                                                                                              Page 412
                                                                                                                                                                                              148
Sr.   Specific Issue / Cause     of               the Relevant                      Proposed Measure / Solution            Whether      Proposed Proposal   for Reference      Views and Suggestions of the SRA
No.   problem identified problem                                         existin                                           Measure / Solution Legislative
                                                         g Statutory Section(s),                                           requires amendment Reforms
                                                         Regulation(s), Rule(s),                                           of law by Legislature
                                                         Circular(s),
                                                         Guideline(s) and / or
                                                         Judgment(s)
21.   It is seen R.G. / Open                             Provision for R.G./                                                                   T-9                          The RG areas are to be given as per the
      Space are provided                                 Open Space in rehab                                                                                                provisions of the DCPR 2034.
      more       in      Sale                            and sale should be same
      Component.                                         as per minimum area
      Moreover, R.G. /                                   prescribed in the DCPR
      Open Space provided                                and provision for such
      in Rehab Portion are                               R.G/ Open Space,
      scattered,      thereby                            should be made at one
      defeating     the very                             place for maximum
      purpose.                                           utilisation rather than
                                                         the same being scattered
                                                         on plot.
22.   Benefit of Fungible Regulation No. 31(3)           If the developer is                                                                   T-9                          The release of FSI and TDR is as per the
      F.S.I [Compensatory of DCPR, 2034.                 taking    benefit  of                                                                                              provisions of the DCPR 2034. The
      F.S.I]    [Regulation                              fungible FSI, same                                                                                                 utilization of the FSI and TDR is as
      No. 31(3) of DCPR                                  should be shared in                                                                                                specified under Regulation 33 (10) read
      2034],                                             equal proportion with                                                                                              with the other provisions of the DCPR.
      is taken for Sale                                  Rehab portion.
      Component and the
      benefit is not utilised
      and shared with
      Rehab Component.



23.   No     Parking    /       Though Regulation                                   Adequate number of parking                                                  T-9         Parking spaces are provided as per the
      adequate    Parking       provides for Parking,                               should be made for the rehab                                                            provisions of the DCPR.
      provided in Rehab         however, the same is                                building of slum dwellers so that
      Building.                 not provided in Rehab                               approach road to slum buildings are
                                Building,     thereby,                              not congested, as most of the slum
                                forcing the slum                                    dwellers park their bikes / car /
                                dwellers to park their                              rickshaw / taxis on access road, due
                                bike / car in access                                to non-providing of designated
                                road to the Building                                parking space, which leads to
                                and         ultimately                              congestion to rehab buildings.
                                leading to congestion.
                                In case of any
                                emergency,
                                evacuation will be
                                impossible.




                                                                                                                                                                                                             Page 413
                                                                                                                                                                                                             149
Sr.   Specific Issue / Cause     of              the Relevant                     Proposed Measure / Solution             Whether      Proposed Proposal   for Reference      Views and Suggestions of the SRA
No.   problem identified problem                                       existin                                            Measure / Solution Legislative
                                                        g Statutory Section(s),                                           requires amendment Reforms
                                                        Regulation(s), Rule(s),                                           of law by Legislature
                                                        Circular(s),
                                                        Guideline(s) and / or
                                                        Judgment(s)
24.   Lease / Conveyance.   It is seen that after the                             At the time demarcation of rehab                                             T-9         The same has been addressed above.
                            Scheme is complete,                                   and sale portion, lease/ conveyance
                            the Developer do not                                  should be executed in favour of
                            take        lease       /                             slum Society, and in any case,
                            conveyance in favour                                  before issuance of O.C. No O.C.
                            of the Society.                                       should be issued before execution
                                                                                  of lease in favour of slum society.

                                                                                  Incase, the Developer becomes
                                                                                  non-cooperative/           insolvent/
                                                                                  dissolved or for any other reason
                                                                                  unable to grant lease or
                                                                                  conveyance, then provisions for
                                                                                  deemed Conveyance/ Lease be
                                                                                  introduced.
25.   Maintenance of lift, Due to lack of                                         Tripartite Agreement should be                                               T-9         The SRA requires all safety conditions are
      Fire Fighting System maintenance of Lift,                                   executed        between      Society,                                                    being complied with. These conditions are
      etc.                 Fire Fighting System                                   Developer and the Service Provider                                                       also required for obtaining the OC. Once
                           etc., the same are non-                                of Lift, Fire Fighting System etc.,                                                      the conditions are complied with and the
                           operative.                                             under the supervision of SRA, so                                                         building permissions are issued, the SRA
                                                                                  that Lift, Fire Fighting System etc.                                                     has a limited role to play.
                                                                                  are operative.

                                                                                  Rain water harvesting, solar panels
                                                                                  for electrification of common area
                                                                                  lights should be installed by the
                                                                                  Developer.
26.   Non-Approval of S.    Contrary            to                                RG/ PG reservation if on a plot                                              T-9          Kindly refer to response in Table 1 Point
      R. Scheme on lands    reservation in Final                                  should be implemented strictly.                                                           1.
      reserved for Open     D. P, approvals are                                   Slum Dwellers on R.G. / P.G.
      Space / R.G. / P.G.   granted by SRA.                                       should be shifted from the Plot and
                                                                                  rehabilitated in PTC tenement
                                                                                  generate under DCR 33(11)
                                                                                  schemes, within same ward/
                                                                                  adjacent ward or within 8
                                                                                  kilometers. Clearance and handing
                                                                                  over of RG/ PG Plots for public
                                                                                  purpose, should be responsibility of
                                                                                  SRA and/or planning authority /
                                                                                  implementing agency.




                                                                                                                                                                                                              Page 414
                                                                                                                                                                                                              150
Sr.   Specific Issue / Cause     of                 the Relevant                   Proposed Measure / Solution            Whether      Proposed Proposal          for Reference      Views and Suggestions of the SRA
No.   problem identified problem                                      existin                                             Measure / Solution Legislative
                                                       g Statutory Section(s),                                            requires amendment Reforms
                                                       Regulation(s), Rule(s),                                            of law by Legislature
                                                       Circular(s),
                                                       Guideline(s) and / or
                                                       Judgment(s)
27.   Lack of consultation     The       CEO – SRA Section 3K of the Act.          Any circular issued by CEO, SRA Yes, amendment of law          For       proposed T-7          The SRA being a planning body has
      before exercise of       enjoys wide powers to                               should not be unilateral and should by Legislature required.   solutions under                 experienced that sue to the diverse and
      powers in the form of    issue circulars under                               be issued after public consultation.                           (a) and (b):                    complex nature of redevelopment
      circulars        and     the     Act.      These                             Before issuance of circulars, notice                           Amendment        of             involved, regulation of schemes through
      notifications.           circulars     are                                   for suggestions and objections from                            the Act to include              Circulars is the most effective way of
                               sometimes knee-jerk                                 the general public should be issued,                           procedure       for             implementation of the Slum Act.
                               reactions to certain                                subsequent to which the proposed                               issuance        of
                               issues and are often-                               modification/ circular/ notification                           circulars      and
                               times an overreach and                              should be issued and implemented in                            notification by the
                               much beyond the                                     such form on the basis of the                                  SRA.
                               scope of the Act or the                             suggestions received or in its
                               scheme           which                              original form as the case may be at
                               completely vitiates the                             the discretion of the CEO, SRA.
                                working environment
                               and changes the entire                              The CEO, SRA should not be
                               dynamics             of                             empowered to levy any additional
                               redevelopment                                       charge, premium, fees, deposits,
                               adversely     affecting                             etc. that are not contemplated under
                               developers                                          the Act.
                               implementing        the
                               Schemes.

28.   Significant delays in    The most common             Sections 33, 33A, 38,   Clause 1.16 under Regulation Yes, amendment of law             The Act and Reg. T-7            The said aspect regarding payment of
      vacating sites for       cause of any SR             3Z-1 of the Act.        33(10) already provides for by Legislature required.           33(10)     under                rents and vacating slum dwellers by
      slum rehabilitation      scheme             being                            procedure to be followed for slum                              DCPR        2034                resorting to Section 33 / 38 of the Slum
      schemes     due to       derailed is due to          Regulation 33(10)(1.16) dwellers who do not join the slum                              should         be               Act has been dealt with in the Tables
      handful       of         activism/                   of DCPR 2034.           scheme willingly. Provisions of                                amended to bring                above.
      Slum         dwellers    politicization         by                           this regulation need to be applied                             in:
      derailing       entire   disgruntled few slum        Office order            diligently against slum dwellers who
      schemes.                 dwellers who are                     bearing Ref.   do not join the slum scheme                                    a criterion of
                               against development                          No.    willingly as well as are non-                                  disqualification
                               by either making            Zo.Pu.Pra/Visesh        consenting and to slum dwellers                                for such errant
                               baseless allegations        kaksh/ Up. Zhil/43814 who are non-co-operative to the                                  slum        dweller
                               before any forum            dated 3rd October 2023 implementation of SR Scheme, even                               where        his/her
                               which would lend its        issued by SRA.          after providing their consent. The                             right to permanent
                               ear and non-vacation                                idea is not to snatch away any                                 alternate tenement
                               of       their      slum                            benefit from the slum dweller but to                           and transit rent
                               structure. This leads                               make them reach a realization that                             should            be
                               to a situation wherein                              the right is not an absolute right but                         extinguished
                               developer provides                                  one which is saddled with                                      permanently
                               transit rent to all slum                            responsibilities which if not fulfilled                        under        orders
                               dwellers and 95% of                                 could lead them to losing their right                          passed by CEO,
                               the slum population                                 to receive the permanent alternate                             SRA or any such
                               vacates       their                                 accommodation and transit rent.                                delegate. Exercise



                                                                                                                                                                                                                   Page 415
                                                                                                                                                                                                                   151
Sr.   Specific Issue / Cause     of        the Relevant                     Proposed Measure / Solution               Whether      Proposed Proposal    for Reference   Views and Suggestions of the SRA
No.   problem identified problem                                 existin                                              Measure / Solution Legislative
                                                  g Statutory Section(s),                                             requires amendment Reforms
                                                  Regulation(s), Rule(s),                                             of law by Legislature
                                                  Circular(s),
                                                  Guideline(s) and / or
                                                  Judgment(s)
                        structures and are                                                                                                of such power
                        demolished but a few                                All notices for proceedings under                             shall be made
                        miscreants hold the                                 Sections 33, 3-Z read with Section                            mandatory     and
                        scheme to ransom by                                 38 of the Act should include                                  not as a matter of
                        not vacating their                                  proceedings under Section 33A as                              discretion.
                        structures and using                                well. Order for demolition and
                        the overburdened                                    eviction under Sections 33 and 38                             Set out detailed
                        system      to    their                             of the Act would deem to include an                           Standard
                        advantage            by                             order under Section 33A unless its                            Operating
                        frustrating                                         specifically excluded in genuine                              procedure [as set
                                             th                             cases. Furthermore, even without                              out in the proposed
                        e demolition process                                proceedings under Sections 33 and                             measures]       for
                        for years on end. They                              38 of Act, standalone proceedings                             adjudicating and
                        do this with impunity                               under Section 33A of the Slum Act                             deciding eviction
                        with the knowledge                                  should be initiated by the competent                          proceedings.
                        that no matter what                                 authority on basis of complaints of
                        their actions, at the                               developers, architect, societies or                           The general Slum
                        end of the day they                                 even suo moto if the situation                                Rehabilitation
                        would still be entitled                             demands.                                                      Scheme       under
                        to     receive      the                                                                                           Section 3B of the
                        permanent alternate                                 Further the criteria for appeals                              Act      to     be
                        accommodation                                       under Section 35 of orders passed                             amended
                        under the Act no                                    under Sections 33, 33A, 3Z-1 and                              accordingly.
                        matter what.                                        38 should be restricted to the
                                                                            following      considerations:      (i)
                        Presently,         the                              Whether the slum dweller is
                        application        for                              eligible? (ii) Whether rent is paid or
                        eviction        under                               transit accommodation has been
                        Sections 33, 33A read                               offered or allotted?
                        with Sections 38 or
                        3Z-1 of the Slum Act                                Furthermore, the entire procedure
                        are tedious. The                                    for vacating the site must be
                        procedure requires                                  revamped to ensure timely
                        the assent of the Dy.                               availability of land for the slum
                        Collector (SRA),                                    rehabilitation    scheme.     The
                        CEO,           (SRA),                               following framework can be
                        Asst./Sub Engineer                                  considered:
                        (SRA) in some cases
                        Legal       Consultant                              Upon issuance of IOA and deposit
                        (SRA). Apart from                                   of transit rent (as agreed with the
                        this, the Sr. Police                                51% majority slum dwellers) for all
                        inspector, the A.C.P,                               members who are required to be
                        Zonal D.C.P. and                                    vacated as per the phase program of
                        D.C.P. (Admin) have                                 the developer, a notice of eviction



                                                                                                                                                                                                    Page 416
                                                                                                                                                                                                    152
Sr.   Specific Issue / Cause     of        the Relevant                      Proposed Measure / Solution             Whether      Proposed Proposal   for Reference   Views and Suggestions of the SRA
No.   problem identified problem                                  existin                                            Measure / Solution Legislative
                                                   g Statutory Section(s),                                           requires amendment Reforms
                                                   Regulation(s), Rule(s),                                           of law by Legislature
                                                   Circular(s),
                                                   Guideline(s) and / or
                                                   Judgment(s)
                        to grant their approval                              should be immediately sent to
                        for providing the SRA                                members who are required to
                        staff with police                                    vacate. The notice must specify that
                        protection.                                          failure to vacate will lead to
                                                                             forfeiture of right to permanent
                        Whilst considering                                   alternate accommodation and
                        applications     under                               transit rent under Section 33A of
                        Section 33 and 38 of                                 Slum Act.
                        the Slum Act the
                        authority deciding the                               If the slum dweller doesn’t vacate
                        issue ventures in                                    the premises within 45 days of
                        issues qua validity of                               receipt of transit rent, he/she/they
                        schemes, issuance of                                 lose their eligibility to receive
                        LoI etc., which are                                  permanent alternate
                        issues not germane for                               accommodation and transit rent.
                        these      proceedings.
                        This entails into orders                             The burden should be shifted on
                        passed      by     these                             any non-co-operative slum-dweller
                        authorities which are                                to approach the competent
                        beyond the scope and                                 authority to resist the notice of
                        purview of enquiry                                   eviction within 30 days of issuance
                                     under                                   of notice. The power to condone
                        eviction proceedings.                                delay must be statutorily restricted
                                                                             to only 15 days after the 30-day
                                                                             period, and not thereafter.

                                                                             Any such proceeding filed by the
                                                                             slum dweller resisting the eviction
                                                                             notice should be decided in a time-
                                                                             bound manner, not exceeding 30
                                                                             days.

                                                                             The state machinery for dealing
                                                                             with such complaints and for
                                                                             evicting slum-dwellers should be
                                                                             adequately staffed. Currently, as per
                                                                             office order bearing Ref. No.
                                                                             Zo.Pu.Pra/Visesh     kaksh/      Up.
                                                                             Zhil/43814 dated 3rd October 2023,
                                                                             all powers of eviction under
                                                                             Sections 33 and 38 of the Slum Act
                                                                             are being entrusted to merely 2
                                                                             officers for the entire city of
                                                                             Mumbai. Even at 100% efficiency



                                                                                                                                                                                                  Page 417
                                                                                                                                                                                                  153
Sr.   Specific Issue / Cause     of   the Relevant                  Proposed Measure / Solution                Whether      Proposed Proposal   for Reference   Views and Suggestions of the SRA
No.   problem identified problem                         existin                                               Measure / Solution Legislative
                                          g Statutory Section(s),                                              requires amendment Reforms
                                          Regulation(s), Rule(s),                                              of law by Legislature
                                          Circular(s),
                                          Guideline(s) and / or
                                          Judgment(s)
                                                                    this is a herculean task and hence it
                                                                    is imperative that all deputy
                                                                    collectors (competent authority)
                                                                    stationed under SRA would be
                                                                    empowered to take up eviction
                                                                    under Sections 33 and 38 of the
                                                                    Slum Act.

                                                                    Mere filing of appeal ought not to
                                                                    be treated as a stay on the eviction.
                                                                    The slum dwellers are at liberty
                                                                    even after eviction to obtain transit
                                                                    rent subject to them being declared
                                                                    as eligible.

                                                                    In any event the task of ensuring
                                                                    timely eviction is fairly within the
                                                                    domain of the SRA and the
                                                                    developers have no control over the
                                                                    same. In order to ensure timely
                                                                    eviction and clearance of site as per
                                                                    the phase program of the developer
                                                                    (on issuance of transit rent or
                                                                    provision of transit accommodation
                                                                    as the case may be), if the site as
                                                                    designated by the developer is not
                                                                    cleared within 60 days of the
                                                                    issuance of transit rent, the
                                                                    developers would be provided a
                                                                    credit note for all further transit rent
                                                                    expended by the developers
                                                                    without having a vacant site to
                                                                    enable them to commence
                                                                    construction. This credit note shall
                                                                    continue till the time the entire site
                                                                    as per the phase program is
                                                                    provided free of encroachment by
                                                                    the SRA. The credit note may be
                                                                    used by the developers to set off
                                                                    against premiums payable in the
                                                                    same or any other project or may be
                                                                    tradeable by them in the open
                                                                    market as credit certificates. This
                                                                    will ensure that the developer is not



                                                                                                                                                                                            Page 418
                                                                                                                                                                                            154
Sr.   Specific Issue / Cause     of              the Relevant                     Proposed Measure / Solution            Whether      Proposed Proposal    for Reference      Views and Suggestions of the SRA
No.   problem identified problem                                       existin                                           Measure / Solution Legislative
                                                        g Statutory Section(s),                                          requires amendment Reforms
                                                        Regulation(s), Rule(s),                                          of law by Legislature
                                                        Circular(s),
                                                        Guideline(s) and / or
                                                        Judgment(s)
                                                                                  saddled with burgeoning transit
                                                                                  rent costs without having a vacant
                                                                                  site to work on due to no fault of
                                                                                  theirs and increased efficiency
                                                                                  from the SRA in clearance of the
                                                                                  sites in a time bound manner.




29.   Pending utilities and   Presently, in the case Reg 33(1)(1.13)        of The pending dues on non-payment                               For the proposed T-7          This requires legislative amendment.
      infrastructure costs    of electricity, when a DCPR 2034.                by any slum dwellers on                                       measures from (a)
      burdening        slum   Developer applies for                            Government/MHADA/MCGM                                         to (e), DCPR 2034
      schemes.                a construction meter/                            land should be considered as                                  should         be
                              temporary meter for                              arrears in property taxes and the                             amended        to
                              transit camp he is                               society formed subsequent to the                              exempt recovery
                              made to ensure that                              rehabilitation of the slum dwellers,                          of such charges
                              all dues of slum                                 shall be liable to pay the same.                              from          the
                              dwellers who are                                                                                               developers.
                              vacated are cleared                                 In the alternative, every light bill
                              and only then is a new                              /water bill issued is on the name of                       The general Slum
                              meter issued for the                                a slum dweller shall be cross                              Rehabilitation
                              development by the                                  verified with eligible slum dweller                        Scheme       under
                              network provider.                                   vide SRA’s auto annexure system.                           Section 3B of the
                                                                                  The pending dues shall then be                             Act      to be
                              In the cases of water                               recovered from the slum dweller                            amended
                              lines and mains lines                               when rehabilitated in alternate                            accordingly.
                              from MCGM, dues of                                  accommodation by the MCGM
                              the slum dwellers are                               and Electricity Network Provider.
                              expected to be paid by
                              the developer, though                               In the case of sewerage mains / pro
                              MCGM themselves                                     rata charges the same ought to be
                              have provided water                                 recovered on Sale Occupation
                              connections to the                                  Certificate to not burden the
                              slum dweller. When a                                Rehabilitation portion of the
                              regular water line is                               scheme. The sewerage mains ought
                              applied for, for the                                to be provided to the Rehab Portion
                              purpose             of                              on humanitarian grounds.
                              construction        or
                              temporary       transit                             Under 1.13 of Reg. 33(10), with
                              accommodation        at                             regards to other of pending dues
                              such time pending                                   such as assessment, compensation,


                                                                                                                                                                                                             Page 419
                                                                                                                                                                                                             155
Sr.   Specific Issue / Cause     of         the Relevant                     Proposed Measure / Solution             Whether      Proposed Proposal   for Reference   Views and Suggestions of the SRA
No.   problem identified problem                                  existin                                            Measure / Solution Legislative
                                                   g Statutory Section(s),                                           requires amendment Reforms
                                                   Regulation(s), Rule(s),                                           of law by Legislature
                                                   Circular(s),
                                                   Guideline(s) and / or
                                                   Judgment(s)
                        water    dues     are                                occupational      charges,     non-
                        recovered prior to                                   agricultural tax/dues etc. pending
                        providing with water                                 with public authorities such as
                        line and meter.                                      State Govt, MHADA, and/or
                                                                             MCGM shall be dealt with
                        Further MCGM also                                    separately and not be linked to grant
                        makes one recover the                                of approval or building permission
                        pro rata charges for                                 to the slum rehabilitation projects
                        water mains and                                      and recovered from slum dwellers
                        sewerage mains for                                   after re-accommodation.
                        temporary
                        permissions accorded                                 The slum schemes should be
                        to                  the                              treated at par with the Dharavi
                        building/structure.                                  Slum redevelopment where no such
                                                                             charges are foisted unto the
                        Clause 1.13 of                                       developers.
                        Regulation        33(1)
                        provides that pending
                        due to government
                        authority cannot be a
                        reason      to      stop
                        approval to the slum
                        schemes. However,
                        land            owning
                        authorities often insist
                        on clearing dues
                        before          issuing
                        Annexure-II.        The
                        developer is forced to
                        clear these dues,
                        which      incentivizes
                        those slum dwellers
                        who do not pay their
                        dues to authorities.
                        Despite there being a
                        clear stipulation that
                        arrears of past dues
                        for utilities such as
                        water, electricity and
                        sewerage should not
                        be an impediment to
                        provision of services
                        for       a        slum
                        rehabilitation



                                                                                                                                                                                                  Page 420
                                                                                                                                                                                                  156
Sr.   Specific Issue / Cause     of          the Relevant                      Proposed Measure / Solution            Whether      Proposed Proposal     for Reference     Views and Suggestions of the SRA
No.   problem identified problem                                    existin                                           Measure / Solution Legislative
                                                     g Statutory Section(s),                                          requires amendment Reforms
                                                     Regulation(s), Rule(s),                                          of law by Legislature
                                                     Circular(s),
                                                     Guideline(s) and / or
                                                     Judgment(s)
                          scheme, the same is
                          not followed by utility
                          agencies    on     the
                          ground.




30.   Land      Acquisition When a developer Sections 14 and 17 of             Provisions of Section 17 of Act and Yes, amendment of law   Provisions    and T-7         The said issue has been addressed
      under the Act.        intends to implement the Act.                      Regulations 33(10) of DCPR 2034 by Legislature required.    regulations under             hereinabove.
                            a slum scheme on                                   to be amended:                                              the Act and DCPR
                            public land, the        Reg. 33(10), DCPR                                                                      2034 to be
                            developer is made to 2034.                         The compensation payable to                                 amended        as
                            pay 25% of land rate as                            landowners under Section 17 of the                          provided       in
                            per ASR to the land-                               Slum Act needs to be amended to                             the proposed
                            owning                                             commensurate with the premium                               measures.
                            authority as land                                  payable to MCGM/MHADA when
                            premium            for                             schemes are implemented on their                            The general Slum
                            development as per                                 project i.e. 25% of land rate as per                        Rehabilitation
                            clause 1.11 of                                     ASR;                                                        Scheme       under
                            regulation 33(10) of                                                                                           Section 3B of the
                            DCPR 2034.                                         In all slum schemes where the                               Act      to     be
                                                                               owner of the land has either not                            amended
                          If the land is privately                             come forward for development of                             accordingly.
                          owned and if the                                     the slum himself or through his
                          owner is not traceable                               designate or in cases where owner
                          or not wanting to                                    developer’s scheme has been
                          develop it himself, it                               recorded u/s 13(2) of the Slum Act,
                          appears to the State                                 a notice to be issued by the CEO,
                          Government that, in                                  SRA for informing the owners
                          order to enable SRA                                  about the deemed acquisition of
                          to execute any work                                  their property for sake of slum
                          of improvement or to                                 rehabilitation and informing them
                          redevelop any slum                                   that they would be entitled to
                          area or any structure                                receive 25% of land rate as per
                          in such area, it is                                  ASR in the same schedule of
                          necessary that such                                  payment as is made applicable for
                          area, or any land                                    the land premium in case of
                          within adjoining or                                  development of slums on public
                          surrounded by any                                    land. This letter of the CEO, SRA


                                                                                                                                                                                                       Page 421
                                                                                                                                                                                                       157
Sr.   Specific Issue / Cause     of         the Relevant                      Proposed Measure / Solution           Whether      Proposed Proposal   for Reference   Views and Suggestions of the SRA
No.   problem identified problem                                   existin                                          Measure / Solution Legislative
                                                    g Statutory Section(s),                                         requires amendment Reforms
                                                    Regulation(s), Rule(s),                                         of law by Legislature
                                                    Circular(s),
                                                    Guideline(s) and / or
                                                    Judgment(s)
                        such area should be                                   would be treated as automatic NOC
                        acquired, the State                                   for development of the SR scheme.
                        Government          may                               On payment of the entire land
                        acquire the land by                                   premium to the owners or SRA
                        publishing in the                                     account if owners bank details are
                        Official Gazette, a                                   not available, the land would
                        notice to the effect that                             automatically vest with the SRA
                        the State                                             without any action/inaction by the
                        Government          has                               landowners and the SRA shall
                        decided to acquire the                                promptly lease it to the society of
                        land in pursuance of                                  slum dwellers/sale purchasers as
                        Section 14 of the                                     the case may be without charging
                        Slum       Act.    The                                any additional amount/premium for
                        compensation to be                                    the same.
                        paid to the landowner
                        is decided as per
                        Section 17 of the                                     No separate levy shall be made on
                        Slum Act which                                        the developer post-acquisition of
                        mandates payment of                                   private land by SRA from private
                        60 months’ average                                    owners under the pretext that SRA
                        rental income from                                    is the owner of land.
                        such plot as the fair
                        value of consideration
                        for such a plot. This
                        amount is pittance
                        and aggregates to
                        thousands or a few
                        lakh     of     rupees.
                        Subsequent to
                        acquisition,      when
                        developer puts up a
                        scheme thereon, the
                        developer is promptly
                        charged 25% of land
                        rate as per ASR.

                        The        government
                        doesn’t do anything
                        after       acquisition
                        thereof to add value to
                        the        proposition.
                        Hence on the one
                        hand, landowner gets
                        only thousands or a



                                                                                                                                                                                                 Page 422
                                                                                                                                                                                                 158
Sr.   Specific Issue / Cause     of            the Relevant                    Proposed Measure / Solution           Whether      Proposed Proposal          for Reference     Views and Suggestions of the SRA
No.   problem identified problem                                   existin                                           Measure / Solution Legislative
                                                    g Statutory Section(s),                                          requires amendment Reforms
                                                    Regulation(s), Rule(s),                                          of law by Legislature
                                                    Circular(s),
                                                    Guideline(s) and / or
                                                    Judgment(s)
                             few lakh of rupees, the
                             same land in the very
                             next breath is given to
                             developers             by
                             charging crores of
                             rupees as premium.
                             This      amounts       to
                             double levy where the
                             Developer is made to
                             pay acquisition value
                             as well as 25% ASR to
                             SRA. In such a
                             scenario      there     is
                             hesitation on part of
                             landowners to allow
                             acquisition as they feel
                             that they are not
                             getting fair value of
                             their land even if they
                             never actually intend
                             to      develop        it
                             themselves.
31.   Eviction           and Every slum scheme Maharashtra GR of               Religious structures within a SR     Issuance of                  The general Slum T-7        This will require legislative amendment.
      rehabilitation      of has multiple               Home                   scheme should not be treated in the Government Resolution         Rehabilitation
      religious structures.  religious’ structures                Department   same manner as religious structures                          in   Scheme       under
                             therein. As per            bearing No.            outside slum schemes. Religious      supersession            to   Section 3B of the
                             Government of                        CTM-         structures within a SR scheme        Maharashtra GR of            Act should be
                             Maharashtra GR             2009/P.K.601/V.SH.9    should be given the same treatment Home Department                amended to
                             there is a procedure       dated 23rd             as commercial structures within a    bearing No. CTM-             include        the
                             for demolition and                November 2009   SR scheme. Religious structures      2009/P.K.601/V.SH.9          provisions for
                             construction          of                          within a SR scheme are illegal       dated 23rd November          demolition     and
                             religious structures.                             (constructed without any             2009 by the Home             rehabilitation in
                             As per the said GR,                               permission) but protected structures Department to exclude        respect         of
                             the plans for the                                 and regulation 33(10) of DCPR        religious structures in an   religious
                             religious      structure                          2034 along with the provisions       SR Scheme from the           structures.
                             need to be approved                               under the Act already provides for ambit of the said GR and
                             from SRA which then                               provision of permanent alternate     in consistency with the
                             sends the file to                                 accommodation in lieu of the same. Act and the DCPR 2034
                             Urban Development                                 Therefore, permission from           and to treat religious
                             Department (“UDD”)                                UD/Home for mere shifting of a                        structure
                             for approval. UDD                                 religious structure within a SR      within the slum scheme
                             sends the file to home                            scheme should not be imposed.        as any other structure.
                             department        which                           Furthermore, religious structures
                             percolates it down to                             are large in size, exceeding 225/300



                                                                                                                                                                                                              Page 423
                                                                                                                                                                                                               159
Sr.   Specific Issue / Cause     of         the Relevant                      Proposed Measure / Solution            Whether      Proposed Proposal   for Reference   Views and Suggestions of the SRA
No.   problem identified problem                                   existin                                           Measure / Solution Legislative
                                                    g Statutory Section(s),                                          requires amendment Reforms
                                                    Regulation(s), Rule(s),                                          of law by Legislature
                                                    Circular(s),
                                                    Guideline(s) and / or
                                                    Judgment(s)
                        Commissioner           of                             square feet and hence for ease of
                        Police office for its                                 implementation and for practical
                        approval.           The                               reasons, the entire existing area of
                        commissioner           of                             the religious structure should be
                        police before giving                                  treated as rehab component.
                        the approval takes a
                        report from the traffic
                        department and the
                        local police station.
                        On       receipt       of
                        approval from them,
                        the          police
                        commissioner
                        indicates his assent/
                        disapproval to the
                        Home department
                        which            further
                        intimates the UDD.
                        Finally, UDD issues
                        approval              for
                        construction           of
                        religious     structure.
                        This process is a
                        cumbersome           and
                        time-consuming
                        process and takes
                        about 6 months to 1
                        year. Many a times
                        before     the      UDD
                        approval is received,
                        the planning of the
                        proposed        religious
                        structure is changed
                        due to evolving ground
                        situation and then the
                        entire process needs to
                        be repeated.

                        All          religious
                        structures are being
                        developed as per
                        Regulation 59 of the
                        DCPR 2034 and are
                        defined as ‘Assembly



                                                                                                                                                                                                  Page 424
                                                                                                                                                                                                  160
Sr.   Specific Issue / Cause     of         the Relevant                     Proposed Measure / Solution            Whether      Proposed Proposal   for Reference      Views and Suggestions of the SRA
No.   problem identified problem                                  existin                                           Measure / Solution Legislative
                                                   g Statutory Section(s),                                          requires amendment Reforms
                                                   Regulation(s), Rule(s),                                          of law by Legislature
                                                   Circular(s),
                                                   Guideline(s) and / or
                                                   Judgment(s)
                           Buildings’ as per
                           regulation 17(a).
                           Further         under
                           Appendix     III of
                           DCPR 2034, the NOC
                           from the Police
                           Commissioner ‘For
                           Construction       of
                           Religious Buildings’
                           is proposed.



32.   Parity between the   There is a difference Regulation 33(10)(A)        Regulations       and     provisions   For     the    proposed              T-7         SRA is under consideration of the same.
      Slum Schemes.        in recognition of slum of DCPR 2034.              amended and all concessions,           measures      to     be
                           dwellers that are part                            relaxations, benefits granted from     implemented,     DCPR
                           of the slums at                                   time        to       time       vide   2034      should     be
                           Dharavi compared to                               notifications/circulars to make        amended to include all
                           slum in other parts of                            redevelopment feasible for Dharavi     concessions,
                           Mumbai.           Under                           Notified Area under DCPR 2034,         relaxations,    benefits
                           Regulation 33(10)(A)                              should be applicable and made          granted for Dharavi
                           of DCPR 2034,                                     available to all SR Schemes under      Notified Area for SR
                           certain        different                          the Slum Act.                          Schemes under the Slum
                           regulations          are                                                                 Act.
                           applicable to the slum
                           rehabilitation scheme                                                                    Alternatively,
                           within          Dharavi                                                                  Regulations 33(10) and
                           Notified Area for                                                                        33(10)(A) of DCPR
                           Dharavi                                                                                  2034 should be merged
                           Redevelopment                                                                            and            identical
                           Project.     However,                                                                    regulations should be
                           there is no intelligible                                                                 applicable to all slum
                           differentia is treating                                                                  schemes. The general
                           the slums or slum                                                                        Slum      Rehabilitation
                           dwellers at a different                                                                  Scheme under Section
                           footing. Under the                                                                       3B of the Act to be
                           Slum Act, all the slums                                                                  amended accordingly.
                           and slum dwellers are
                           treated at par and
                           provisions of the Slum
                           Act are applicable to
                           all      the       slums,
                           regardless      of     its
                           location.         Living
                           conditions in all slums


                                                                                                                                                                                                       Page 425
                                                                                                                                                                                                       161
Sr.   Specific Issue / Cause     of           the Relevant                      Proposed Measure / Solution          Whether      Proposed Proposal            for Reference    Views and Suggestions of the SRA
No.   problem identified problem                                     existin                                         Measure / Solution Legislative
                                                      g Statutory Section(s),                                        requires amendment Reforms
                                                      Regulation(s), Rule(s),                                        of law by Legislature
                                                      Circular(s),
                                                      Guideline(s) and / or
                                                      Judgment(s)
                          are similar to Dharavi
                          and hence, selective
                          push for development
                                       of Dharavi
                          is unfair for the rest of
                          the slums of Mumbai.




33.   Preferential right to In case of privately Section 13(1)  and             The SRA must issue a notice within Yes.             Proposed   Section 13(1)          T-7      This issue has been addressed in the
      develop           and owned lands, the Section 14 of the Slum             a specified timeline to the Measure /                          must       include              Tables above.
      acquisition of land   amendment of the Act                                landowner asking the landowner                    Solution     issuance         of
                            Slum Act in April                                   whether the landowner intends to       requires amendment of   notice to the
                            2018, a timeline of 120                             exercise their preferential rights to law by Legislature.      landowner           to
                            days has been put for                               redevelop the land as per the law laid                         enable the
                            the landowners to                                   down in the judgement of this                                  landowner        to
                            come forward for                                    Hon’ble Court in Indian Cork Mills Section 13(1)               exercise      their
                            redevelopment.                                      Pvt Ltd vs State of Maharashtra &                              preferential right
                            However, there is no                                Ors in Writ Petition No.658 of 2017                            to develop the
                            requirement for SRA                                 and also in Bishop John Rodrigues                              land. Pursuant
                            to issue a notice to the                            vs State of Maharashtra & Ors in                               thereto,
                            landowners       asking                             Writ Petition No.1212 of 2022. In                              the landowner
                            the         landowner                               cases where the landowners do not                              may within 120
                            whether              the                            exercise their preferential rights                             days from
                            landowner intends to                                after the receipt of the notice from                           receipt of such
                            exercise           their                            SRA under Section 13(1), the SRA                                    notice
                            preferential rights to                              ought to initiate acquisition                                  specify
                            redevelop the land.                                 procedure under Section 14 of Slum                             willingness
                                                                                Act.                                                                 to develop
                                                                                                                                               the land
                                                                                Subsequently, there ought to be a                              themselves.
                                                                                specified timeline for completion
                                                                                of acquisition proceeding of such                              Section      13(1)
                                                                                land as well.                                                  must also specify
                                                                                                                                               to the landowner
                                                                                                                                               that incase the
                                                                                                                                               landowner does
                                                                                                                                               not exercise his
                                                                                                                                               preferential right
                                                                                                                                               to develop the
                                                                                                                                               land withing the


                                                                                                                                                                                                             Page 426
                                                                                                                                                                                                             162
Sr.   Specific Issue / Cause     of           the Relevant                      Proposed Measure / Solution           Whether      Proposed Proposal      for Reference    Views and Suggestions of the SRA
No.   problem identified problem                                     existin                                          Measure / Solution Legislative
                                                      g Statutory Section(s),                                         requires amendment Reforms
                                                      Regulation(s), Rule(s),                                         of law by Legislature
                                                      Circular(s),
                                                      Guideline(s) and / or
                                                      Judgment(s)
                                                                                                                                          stipulated      time,
                                                                                                                                          acquisition
                                                                                                                                          procedure under
                                                                                                                                          Section 14 ought
                                                                                                                                          to be be initiated.




34.   NOC of       central Regulation 33(10) of       Regulation 33(10) VI      It may be considered to formulate a --------------        A comprehensive T-7             This issue has been addressed in the
      government           the DCPR 2034,             1.11 of the DCPR 2034     policy for procurement of consent                         policy must be                  Tables above.
                           provides         that                                of Central Government and/or                              formulated
                           proposals for slum                                   acquisition of lands owned by the                         between the State
                           rehabilitation                                       Central Government.                                       Government and
                           schemes on lands                                                                                               the        Central
                           owned       by                                                                                                 Government to
                                   the Central                                                                                            enable        the
                           Government shall                                                                                               development of
                           not be accepted                                                                                                slum lands owned
                           unless NOC for the                                                                                             by         Central
                           scheme is obtained                                                                                             Government and
                           from the Central                                                                                               acquisition     of
                           Government.                                                                                                    such lands.

                           There are several
                           lands in Mumbai
                           which are owned by
                           the authorities under
                           the aegis of the Central
                           Government which are
                           fully encroached and
                           such areas are declared
                           slums / slum
                           rehabilitation    area
                           under the Slums Act.
                           However, there has
                           been no progress in
                           issuance of consent
                           by     the      Central
                           Government for slum
                           rehabilitation


                                                                                                                                                                                                        Page 427
                                                                                                                                                                                                        163
Sr.   Specific Issue / Cause     of           the Relevant                     Proposed Measure / Solution    Whether      Proposed Proposal    for Reference      Views and Suggestions of the SRA
No.   problem identified problem                                    existin                                   Measure / Solution Legislative
                                                     g Statutory Section(s),                                  requires amendment Reforms
                                                     Regulation(s), Rule(s),                                  of law by Legislature
                                                     Circular(s),
                                                     Guideline(s) and / or
                                                     Judgment(s)
                           schemes on lands
                           owned     by    it/its
                           bodies. The lack of
                           clarity   on      the
                           requirements in this
                           regard has stalled
                           many slum schemes.




35.   Slums   on Adivasi On             certain      Section 36A of the It is suggested that     the State -------------          The           State T-7       This requires legislative amendment.
      land               occasions,                  Maharashtra Land    Government may issue directives                          Government must
                         developers       have       Revenue Code, 1966. basis    which      the   aforesaid                      formulate a policy
                         encountered                                     permission can be issued.                                for dealing with
                         difficulties in the                                                                                      Adivasi land
                         introduction of slum                                                                                     which            are
                         lands, part of which                                                                                     declared as slum
                         are     owned      by                                                                                    area     /     slum
                         Adivasi and the                                                                                          rehabilitation
                         same is also                                                                                             area.
                         governed by section
                         36A of the
                         Maharashtra Land
                         Revenue         Code,
                         1966.             The
                         permission of the
                         Collector          for
                         implementation of
                         slum rehabilitation
                         scheme on land
                         owned by Adivasis is
                         required.

                           There is no policy or
                           provision      which
                           governs the basis on
                           which this permission
                           may be issued by the
                           Collector           for
                           implementation       of
                           slum    rehabilitation
                           scheme     on     land


                                                                                                                                                                                                  Page 428
                                                                                                                                                                                                  164
Sr.   Specific Issue / Cause     of              the Relevant                    Proposed Measure / Solution           Whether      Proposed Proposal   for Reference      Views and Suggestions of the SRA
No.   problem identified problem                                      existin                                          Measure / Solution Legislative
                                                       g Statutory Section(s),                                         requires amendment Reforms
                                                       Regulation(s), Rule(s),                                         of law by Legislature
                                                       Circular(s),
                                                       Guideline(s) and / or
                                                       Judgment(s)
                              owned by Adivasis.
                              Usually,          this
                              permission is not
                              issued     or   takes
                              substantial time and
                              leads to such slum
                              schemes         being
                              stalled.




36.   Ease     of     doing   Currently,         the    Manual of                It may be considered to establish a  Manual of Procedure ----------        T-7         The SRA will consider introducing
      business/timelines      procedure           of    Procedure for Slum       procedure of a single window         for             Slum                              timelines for giving approvals to proposals
      for          building   obtaining                 Rehabilitation dated     clearance to apply and process       Rehabilitation dated                              which are pending / received.
      permissions             permissions        for    09.03.2017               applications     for     obtaining   09.03.2017 issued by
                              obtaining Letter of       issued by SRA.           approval for slum rehabilitation     SRA ought to be
                              Intent, Intimation of                              scheme.                              implemented.
                              Approvals,                Sub-Regulation                                                Sub-Regulation 2.2 of
                              commencement             2.2 of 33 (10) of DCPR    Sub-Regulation 2.2 of 33 (10) of 33(10) of DCPR should
                              certificates      etc,                             DCPR provides that the approval to Cover / extended      to
                              involves obtaining                                 the project shall be given by SRA subsequent permissions.
                              NOCs from various                                  within a period of 60(sixty) days
                              departments.                                       from the date of submission of all
                                                                                 relevant documents and in failure in
                                                                                 doing so, the said approval shall be
                              Though there is an                                 deemed to have been granted. This
                              Ease     of    Doing                               provision is not extended for
                              Business – Manual of                               subsequent permissions/approvals
                              Procedure for Slum                                 as is available under Section 45 of
                              Rehabilitation dated                               the Maharashtra Regional Town
                              09.03.2017 issued by                               Planning Act, 1966 (“MRTP”).
                              SRA, the same is not
                              being implemented in
                              the           manner
                              envisaged.




                                                                                                                                                                                                            Page 429
                                                                                                                                                                                                            165
Sr.   Specific Issue / Cause     of             the Relevant                   Proposed Measure / Solution            Whether      Proposed Proposal             for Reference     Views and Suggestions of the SRA
No.   problem identified problem                                      existin                                         Measure / Solution Legislative
                                                       g Statutory Section(s),                                        requires amendment Reforms
                                                       Regulation(s), Rule(s),                                        of law by Legislature
                                                       Circular(s),
                                                       Guideline(s) and / or
                                                       Judgment(s)
37.   Registration of Co-     One of the other issue Regulation      33        To bring transparency and              Under Regulation 33          -----------       T-7         This issue has been addressed above.
      operative    housing    which is usually faced                 (10) of   accountability,     it   may     be    (10) of DCPR it may
      Societies of Slum       by                   the DCPR                    considered that the proposed           introduced that the
      Dwellers                owners/developers                                society is registered under the        incorporated society is
                              whilst dealing with                              Maharashtra            Co-operative    registered under the
                              the slum dwellers is                             Societies Act, 1960 prior to           Maharashtra           Co-
                              that there is no                                 selection of the developer.            operative        Societies
                              registered                                                                              Act, 1960 subject to the
                              cooperative housing                                                                     final eligibility
                              society. The                                                                            list/Annexure II
                              decisions are in effect
                              taken by the Chief
                              Promotor and other
                              promoters of the
                              proposed society
38.   Premium payable on      As per the circular Circular                     Whilst requirement of permission       Circular No.19 issued -----------              T-7         This issue has been addressed above.
      change             in   no.19 issued by SRA,                   No.1      maybe reasonable for change of a       by SRA be amended to
      directorship of the     the developer is 9 issued by SRA                 developer, but the premium             clarify that legitimate
      selected developer      compelled to deposit                             imposed is exorbitant. Such an         cases such as a change
                              5% of land cost of                               imposition of cost is without any      of director of developer
                              sale plot area i.e.                              reasonable basis. Hence, it can be     or death of a partner
                              approximately 50%                                considered that such an imposition     would not be construed
                              of the net scheme area                           be rationalised.                       as a transfer. The
                              calculated as per                                                                       premium ought to be
                              ready reckoner rates                                                                    reduced for transfer.
                              in case there is even a
                              single change in
                              directorship of the
                              developer or change
                              in partner or change
                              of developer
39.   Handing over title of    Till date, to the best   Regulation      33     The complete grant of title ought to   Regulation 33 (10) of -----------              T-7         After the completion of the slum scheme,
      slum land                of our knowledge, (10) of DCPR                  be completed through SRA and           DCPR ought to include                                      the land is leased in favour of the Co –
                               there has not been                              developer.                             a procedure for transfer                                   operative Housing Society of Slum
                               lease of the land                                                                      of     title   of    the                                   dwellers for a period of 30 years.
                               executed in favour                                                                     rehabilitation
                               of the cooperative                                                                     component by way of
                               housing societies of                                                                   long term lease and in a
                               rehabilitation                                                                         time bound manner.
                               buildings a n d sale
                                           buildings,
                               after
                              completion of slum
                              redevelopment.



                                                                                                                                                                                                                  Page 430
                                                                                                                                                                                                                  166
Sr.   Specific Issue / Cause     of              the Relevant                    Proposed Measure / Solution             Whether      Proposed Proposal        for Reference      Views and Suggestions of the SRA
No.   problem identified problem                                        existin                                          Measure / Solution Legislative
                                                         g Statutory Section(s),                                         requires amendment Reforms
                                                         Regulation(s), Rule(s),                                         of law by Legislature
                                                         Circular(s),
                                                         Guideline(s) and / or
                                                         Judgment(s)
40.   Ready        Reckoner The stamp duty rates Maharashtra Stamp               A relaxation of stamp duty rates for    ---------                The State of T-7             The SRA is bound by the provisions of the
      rates of slum lands    levied for registration Act, 1958                   all such agreements with the slum                                Maharashtra is               Maharashtra Stamp Act. All the
                             of a development                                    dwellers, development agreements,                                required       to            provisions applicable are being followed.
                             agreement between                                   and other deeds and writings that                                formulate a
                             the society and the                                 are required to be executed would                                policy        for
                             developer even in                                   encourage registration of such                                   relaxation     of
                             slum projects are kept                              documents.                                                       stamp duty rates
                             at the same rates as is                                                                                              for all such
                             done       in        other                                                                                           agreements with
                             redevelopments. The                                                                                                  the         slum
                             valuation of a slum                                                                                                  dwellers,
                             land ought to be                                                                                                     development
                             rationalized in light of                                                                                             agreements, and
                             the fact of it being a                                                                                               other deeds and
                             slum land. Projects on                                                                                               writings that are
                             slum lands are                                                                                                       required to be
                             relatively         lesser                                                                                            executed.
                             marketable             than
                             projects on other lands.
                             Hence, levying such
                             high stamp duty rates
                             is not reasonable.
                             Infact, this is one of the
                             main reasons for there
                             being no registered
                             development
                             agreement between a
                             society       and         a
                             developer        for      a
                             project under a slum
                             rehabilitation scheme.
41.   Relaxations granted Regulation 33(10)A Regulation 33(10)A                  Relaxations similar to as given         Yes.          Proposed   Regulation 33(10) T-7         This has been answered above. It is
      under       regulation of the DCPR 2034,                                   under Regulation 33(10)A, are           Measure     /            should include the            reiterated that Dharavi is being dealt with
      33(10)(A)              offers            various                           ought to be granted to all other slum               Solution     relaxations                   under a separate Regulation since the
                             relaxations specially                               projects as well.                                                provided under                same suffers from various planning
                             in     payments          of                                                                 requires amendment of    Regulation                    constraints.
                             premium/charges                                                                             law by Legislature.      33(10)A.
                             payable by the
                             developer like a lower                                                                      Regulation 33(10)
                             rate of infrastructure
                             charges. Infact, there
                             is no development
                             charges levied for
                             redevelopment



                                                                                                                                                                                                                   Page 431
                                                                                                                                                                                                                    167
Sr.   Specific Issue / Cause     of              the Relevant                    Proposed Measure / Solution           Whether      Proposed Proposal   for Reference     Views and Suggestions of the SRA
No.   problem identified problem                                      existin                                          Measure / Solution Legislative
                                                       g Statutory Section(s),                                         requires amendment Reforms
                                                       Regulation(s), Rule(s),                                         of law by Legislature
                                                       Circular(s),
                                                       Guideline(s) and / or
                                                       Judgment(s)
                             project
                                             unde
                             r Regulation 33(10)A.




42.   Interest         on    SRA        vide     its   SRA vide its Circular     Circular No.206 dated 10th October Circular No.206 dated ------            T-7         As per Circular 220 dated July 2, 2024,
      deferement        of   Circular       No.184     No.184 dated 25th         2022     is     ought     to    be 10th October 2022 can                               the premium for fungible FSI has been
      payments          of   dated 25th January        January 2017              amended/recalled, to ensure that be amended/recalled.                                  reduced to 8.5%. This is consistent with
      Premium for fungible   2017 allowed the                                    the slum rehabilitation schemes                                                        the BMC’s circular dated 17.09.2019 on
      compensatory FSI       facility of deferment     Circular No.186 dated     progress without any imposition of                                                     premium for deferment.
                             in     payment      of    3rd April 2018            heavy interest on developers.
                             premium            for
                             fungible FSI under        Circular   dated          Alternatively, the rate of interest
                             Regulation 35(4).                    6th August     ought to be reduced.
                                                   2019
                             However,         vide
                             Circular     No.186     Circular No.206 dated
                             dated 3rd April 2018,        10th    October
                             SRA decided to levy 2022
                             simple interest at
                             12% per annum
                             from the end of 30
                             days from the date of
                             issue of demand note
                             by SRA on balance
                             instalments.

                             This caused a lot of
                             financial hardship on
                             the developers and
                             threatened viability
                             of              slum
                             rehabilitation
                             scheme. Considering
                             the aforesaid, SRA
                             vide its Circular
                             dated 6th August


                                                                                                                                                                                                         Page 432
                                                                                                                                                                                                          168
Sr.   Specific Issue / Cause     of           the Relevant                     Proposed Measure / Solution           Whether      Proposed Proposal     for Reference     Views and Suggestions of the SRA
No.   problem identified problem                                    existin                                          Measure / Solution Legislative
                                                     g Statutory Section(s),                                         requires amendment Reforms
                                                     Regulation(s), Rule(s),                                         of law by Legislature
                                                     Circular(s),
                                                     Guideline(s) and / or
                                                     Judgment(s)
                           2019 provided that
                           interest charges on
                           deferred payments
                           shall not be charged
                           provided        time
                           schedule as per
                           policy in force is
                           adhered.

                           This circular remained
                           in force until the
                           Circular No.206 dated
                           10th October 2022
                           came into force
                           wherein the interest on
                           deferred payment was
                           reintroduced.

                           The reintroduction of
                           interest on deferred
                           payment has once
                           again        adversely
                           affected the viability
                           of slum rehabilitation
                           scheme.
43.   Concurrence of plans Under Section 2(19)    Section 2(19) of the         It is therefore suggested that once   This could be cured by ---------       T-7         Since the reservation is made in favour of
      for development of of the MRTP Act,         MRTP Act                     the SRA sanctions/approves the        way of a clarificatory                             MCGM, the SRA seeks sanction from the
      MCGM Reservations SRA is the planning                                    plans, SRA ought not to be seek       notification by the                                MCGM prior to approval of any plan.
                           authority for all                                   further concurrence of MCGM and       Government          of
                           slum rehabilitation                                 allow the development as per the      Maharashtra.
                           schemes.                                            plans sanctioned by MCGM.

                           Accordingly, SRA
                           processes        and
                           sanctions all plans
                           with respect to the
                           slum rehabilitation
                           scheme including the
                           plans
                                            for
                           development         of
                           MCGM
                           reservations.




                                                                                                                                                                                                           Page 433
                                                                                                                                                                                                           169
Sr.   Specific Issue / Cause     of          the Relevant                     Proposed Measure / Solution            Whether      Proposed Proposal   for Reference      Views and Suggestions of the SRA
No.   problem identified problem                                   existin                                           Measure / Solution Legislative
                                                    g Statutory Section(s),                                          requires amendment Reforms
                                                    Regulation(s), Rule(s),                                          of law by Legislature
                                                    Circular(s),
                                                    Guideline(s) and / or
                                                    Judgment(s)

                           Despite the same
                           SRA          requires
                           concurrence         of
                           MCGM on such plans
                           which slows down
                           and delays the
                           implementation      of
                           slum    rehabilitation
                           scheme.



44.   Assistance by SRA Usually,           the      -------                   The Government Resolution dated No.                        The      Amnesty T-7         In addition to the Amnesty Scheme, the
      for funding of Slum developers default in                               25th May, 2022 permits the                                 Scheme ought to              SRA is floating tenders for schemes which
      projects            completing a slum                                   financial institutions who have                            be extended                  have been stalled. This measure will
                          scheme due to lack                                  financed the project, to take over                                                      address the issue specified.
                          of funding.                                         the slum redevelopment project and
                                                                              also implement the same through its
                           The developers often                               own appointee/new developer. It
                           face difficulties in                               exempts the fresh requirement of
                           raising finance for                                slum dwellers consents and also
                           the         projects                               payment of 5% premium for transfer
                           implemented       on                               of developer.
                           slum lands.

                           This is primarily                                  The Government Resolution dated
                           because           such                             25th May, 2022 as understood under
                           mortgages                                          the Public Notice date 24th July,
                           are difficult to                                   2023 was for a limited time period.
                           enforce in a default                               This ought to be extended and
                           situation by the                                   made a permanent measure. This
                           Developer, until                                   will protect all stakeholders in the
                           issuance of the                                    slum project and enable stalled
                           Government                                         schemes (due to financial default of
                           Resolution       dated                             the developer) to be implemented
                           25th May, 2022                                     smoothly.
                           (popularly known as
                           Amnesty Scheme).
                           Even       if     such
                           mortgage           was
                           enforced and the
                           lender appoints a
                           new developer, until
                           SRA recognizes and


                                                                                                                                                                                                        Page 434
                                                                                                                                                                                                        170
Sr.   Specific Issue / Cause     of           the Relevant                      Proposed Measure / Solution   Whether      Proposed Proposal   for Reference      Views and Suggestions of the SRA
No.   problem identified problem                                     existin                                  Measure / Solution Legislative
                                                      g Statutory Section(s),                                 requires amendment Reforms
                                                      Regulation(s), Rule(s),                                 of law by Legislature
                                                      Circular(s),
                                                      Guideline(s) and / or
                                                      Judgment(s)
                             sanctions     LOI in
                             favour of the new
                             developer and the slum
                                         dwellers
                             recognize such new
                             developer, the same is
                             not effective.

                             Since the developer is
                             usually not the title
                             holder of the land in
                             slum schemes, it is
                             difficult to procure
                             finance           from
                             banks/financial
                             institutions for slum
                             schemes.
                             Banks/financial
                             institutions usually
                             provide finance to the
                             developer mainly on
                             the basis of the
                             financials     of     the
                             developer and not on
                             the basis of the
                             slum/property value.
45.   Updating of Register   After the eligibility of Section 3X read with There ought to be a mechanism set- No.                 Rules         and T-7        The SRA has issued a list of documents
      of Photo Passes        an      occupant       is Section 3Y(1) of the up under the Slum Act for updation                    Regulations ought            which can be used to decide eligibility.
                             decided in accordance Slum Act                 of photo passes.                   Section 3Y(1)      to be issued to              Photopass need not be updated.
                             with Section 3X read                                                                                 introduce        a
                             with Section 3Y(1) of                                                                                procedure      for
                             the Slum Act, the                                                                                    updation of photo
                             Government            is                                                                             passes.
                             required to maintain a
                             register of photo
                             passes under Section
                             3Y(5). However, it
                             appears     that     the
                             register of photo
                             passes      are      not
                             updated.




                                                                                                                                                                                                Page 435
                                                                                                                                                                                                171
Sr.   Specific Issue / Cause     of            the Relevant                         Proposed Measure / Solution           Whether      Proposed Proposal   for Reference     Views and Suggestions of the SRA
No.   problem identified problem                                          existin                                         Measure / Solution Legislative
                                                          g Statutory Section(s),                                         requires amendment Reforms
                                                          Regulation(s), Rule(s),                                         of law by Legislature
                                                          Circular(s),
                                                          Guideline(s) and / or
                                                          Judgment(s)
46.   Currently,        the Circular No.152 dated There ought to be a time Circular No.152 dated 5th June                 ------                               T-7         The SRA will consider imposing a
      procedure          for 5th June 2015                frame of one month 2015                                                                                          timeline of 30 days.
      obtaining heirship                                  within    which       the
      certificate is laid                                 heirship      certificate
      down under Circular                                 should be processed by
      No.152 dated 5th June                               the competent authority
                   2015.
      However, the same
      is time consuming as
      there is no time
      period given under
      which the heirship
      certificate is to be
      processed by the
      competent authority
      which leads to
      inefficiencies.     In
      fact, in most cases,
      the developer has to
      step in to assist the
      slum dwellers to
      have their heirship
      certificate
      Obtained.
47.   Privatization        of The                 slum                              Land owned by public authorities is Amendment to the                       T-6         This will require statutory amendment.
      public land             rehabilitation scheme                                 a public good and must not be seen Slum Act, DCPR
                              has emerged as an                                     as a monetizable resource by the 33(10)
                              effective means of                                    authority, or private property for
                              turning over public                                   squatters, or a source of profits for
                              land      into    private                             developers. These parcels must
                              hands. One of the main                                remain in the shared ownership of
                              reasons                that                           all residents, non-tradable in the
                              developers find slum                                  marketplace, and used exclusively
                              rehabilitation projects                               for what is determined to be in the
                              attractive is because                                 highest public interest. Details of
                              slum land is made                                     such public land be placed on the
                              available at 25% of its                               website.
                              price (which goes to
                              the government as                                     Land          ownership:          For
                              revenue).       Although                              redevelopment schemes for both
                              this is often justified as                            these alternatives the ‘slum areas’
                              a welfare measure for                                 or low-income housing areas will
                              slum dwellers, this gift                              remain under the ownership of the
                              of       public       land                            public authority / a Community



                                                                                                                                                                                                            Page 436
                                                                                                                                                                                                            172
Sr.   Specific Issue / Cause     of        the Relevant                      Proposed Measure / Solution             Whether      Proposed Proposal   for Reference   Views and Suggestions of the SRA
No.   problem identified problem                                  existin                                            Measure / Solution Legislative
                                                   g Statutory Section(s),                                           requires amendment Reforms
                                                   Regulation(s), Rule(s),                                           of law by Legislature
                                                   Circular(s),
                                                   Guideline(s) and / or
                                                   Judgment(s)
                        transforms all the                                   Land Reserve (CLR) exclusively
                        stakeholders        into                             for the purpose of low-income
                        speculators – with the                               housing. If the slum is on private
                        government eyeing a                                  land, the ownership will be
                        share in the form of                                 transferred to the public authority /
                        revenue, slum                                        CLR in lieu of TDR compensation
                        dwellers eyeing larger                               to the landowner, indexed to the
                        ‘free’ tenements that                                value of land.
                        they can later sell on                               Resale of rehabilitation units:
                        the market (realizing                                Since the land will remain in public
                        the full value of the                                ownership / CLR in perpetuity for
                        land), and the largest                               the purpose of low-income
                        beneficiaries being                                  housing, the price of housing units
                        the developers eyeing                                in these areas will be disconnected
                        bigger profits – and                                 from land prices, and be assessed
                        thereby       creating                               based on prevailing construction
                        ample opportunities                                  rates and the age of the building.
                        for rent-seeking by all                              The owner of this unit will only be
                        involved. The result is                              allowed to sell the unit for the
                        that the city loses                                  assessed price to the landowner, i.e.
                        valuable public land,                                the public authority / CLR
                        and the possibility of                               entrusted with managing its use.
                        keeping     land                                     Vacant units in possession of the
                        permanently off the                                  public authority / CLR may be sold
                        market for low-                                      (at construction cost) or given on
                        income housing or                                    leave and license to other low-
                        other public uses.                                   income families.

                                                                             Rehabilitation by developers or
                                                                             voluntary      organisations:      If
                                                                             redevelopment is undertaken
                                                                             through a developer or NGO or
                                                                             Society,     the     master      plan
                                                                             incorporating all specified amenities
                                                                             will be approved by the SRA and the
                                                                             entire cost of development will be
                                                                             financed by the public authority. If
                                                                             additional units are constructed,
                                                                             subject to density limits, these will
                                                                             be capped at 50 sq.m to create
                                                                             additional affordable housing stock
                                                                             for the
                                                                             city, and purchased from the
                                                                             developer by the SRA or MHADA.



                                                                                                                                                                                                  Page 437
                                                                                                                                                                                                  173
Sr.   Specific Issue / Cause     of               the Relevant                     Proposed Measure / Solution            Whether      Proposed Proposal   for Reference     Views and Suggestions of the SRA
No.   problem identified problem                                         existin                                          Measure / Solution Legislative
                                                         g Statutory Section(s),                                          requires amendment Reforms
                                                         Regulation(s), Rule(s),                                          of law by Legislature
                                                         Circular(s),
                                                         Guideline(s) and / or
                                                         Judgment(s)
48.   PAP projects in        The sites selected for      DCPR             33(10)   Resettlement Policy: For slum          Amendment to DCPR                    T-6         The issue regarding the PAP policy has
      hazardous locations,   PAP projects are not        subsection 3.11, World    areas where in-situ rehabilitation     33(10) subsection 3.11,                          been addressed above.
      poor planning of PAP   based on planning           Bank                      cannot be undertaken due to (a)        need for a PAP policy
      townships              considerations such                       Operatio    sites being in uninhabitable areas     on the lines.
                             as suitability of sites,    n Directive 4.30          (proximity to hazardous industries,
                             availability          of                              on hazardous zones, high tension       Large part of this can
                             infrastructure      and                               lines, No Development Zones, etc)      also be done through
                             amenities in the                                      or (b) on sites for development of     Notification / G.R.
                             location,             or                              essential public infrastructure, the
                             employment                                            government must prepare a
                             opportunities – but by                                resettlement policy based on the
                             a chance combination                                  World        Bank's     Operational
                             of factors including                                  Directive 4.30 that provides
                             the availability of                                   guidelines as to how the
                             vacant land in low-                                   rehabilitation process ought to be
                             price areas,                                          defined, planned and managed.
                             incentives for                                        Under this policy, settlement must
                             landowners and                                        be conceived as “development
                             developers, and TDR                                   programs” integrated with project
                             market dynamics.                                      planning and included in the costs
                             Consequently, many                                    and benefits of the project. To
                             of these “PAP                                         quote from the Directive, "the full
                             townships”         have                               costs of resettlement should be
                             emerged in wards that                                 identified and included in the total
                             have a high                                           cost of the main investment project,
                             concentration         of                              regardless of financing source. The
                             polluting industries                                  costs of resettlement should also be
                             and already some of                                   treated as a charge against the
                             the largest percentage                                economic       benefits   of     the
                             of slum households.                                   investment project that causes the
                             The case of Mahul                                     relocation." This policy must be
                             PAP       colony       is                             binding on all agencies that
                             instructive in this                                   undertake infrastructure projects in
                             regard,     and      the                              Mumbai.
                             Bombay High Court
                             has itself issued                                     Resettlement        sites:      The
                             orders highlighting                                   resettlement site must be located
                             the unsuitability of                                  either within the same ward or
                             the       site       for                              within 2 km of the slum area being
                             rehabilitation.     The                               cleared. The plan for resettlement
                             TDR          incentives                               must be prepared by the project
                             generated from these                                  implementation authority (in case
                             projects seem to have                                 of infrastructure projects) as
                             become the profit-                                    specified above, or by the planning



                                                                                                                                                                                                            Page 438
                                                                                                                                                                                                            174
Sr.   Specific Issue / Cause     of        the Relevant                      Proposed Measure / Solution             Whether      Proposed Proposal   for Reference   Views and Suggestions of the SRA
No.   problem identified problem                                  existin                                            Measure / Solution Legislative
                                                   g Statutory Section(s),                                           requires amendment Reforms
                                                   Regulation(s), Rule(s),                                           of law by Legislature
                                                   Circular(s),
                                                   Guideline(s) and / or
                                                   Judgment(s)
                        making end rather                                    authority in case of uninhabitable
                        than the means for                                   areas.
                        producing housing                                    Information on existing PAP
                        for slum dwellers. Of                                tenements: For the existing PAP
                        the approximately                                    tenements,      all    planning     /
                               8.1 million                                   development authorities must
                        square meters of                                     submit data on (a) the number of
                              slum       TDR                                 tenements built and allocated thus
                        generated in Mumbai,                                 far, (b) vacant tenements in their
                        the ME, MW and L                                     possession, (c) the location of the
                        wards have generated                                 tenements, (d) whether the
                        71% of slum TDR –                                    buildings / locations are fit / unfit
                        predominantly                                        for relocation and rehabilitation (e)
                        through PAP                                          the condition of the tenements
                        projects. The                                        (usable / unusable / usable after
                        incentive-driven PAP                                 repairs), (f) the number of
                                 scheme has                                  tenements required by each
                        resulted in a higher                                 authority for its various projects,
                        concentration      and                               etc. This information must be made
                        densification of the                                 available in publicly accessible
                        city’s poor in                                       form on the BMC’s website.
                        depressed areas of
                        the city.

                        Mumbai has different
                        ‘planning authorities’
                        with       overlapping
                        functions, and plan
                        specific parts of the
                        city as their own little
                        islands, and carry out
                        their              own
                        development projects
                        – often disregarding,
                        sometimes competing
                        with each other.
                        When infrastructure
                        projects are being
                        planned,
                        rehabilitation is often
                        not a part of project
                        planning and not
                        included as a part of
                        the costs and benefits



                                                                                                                                                                                                  Page 439
                                                                                                                                                                                                  175
Sr.   Specific Issue / Cause     of                 the Relevant                         Proposed Measure / Solution   Whether      Proposed Proposal   for Reference      Views and Suggestions of the SRA
No.   problem identified problem                                           existin                                     Measure / Solution Legislative
                                                            g Statutory Section(s),                                    requires amendment Reforms
                                                            Regulation(s), Rule(s),                                    of law by Legislature
                                                            Circular(s),
                                                            Guideline(s) and / or
                                                            Judgment(s)
                                of the project – with
                                the exception of World
                                Bank funded projects
                                that made this a
                                condition for its loans.
                                Each            authority
                                assumes that some
                                other authority is
                                responsible for
                                rehabilitation.



49.   Quality of Housing -      While the SRA Act           Government Resolution                                                                           T-6         The construction of the rehabilitation
      It is observed that       provides for ‘free          dated 04.03.2020 by                                                                                         tenements is being done in accordance
      when      the     slum    housing’ for the slum       way of which a grant in                                                                                     with the provision of DCPR 2034. Further,
      dwellers eventually       dwellers         upon       aid has been sanctioned                                                                                     the SRA will consider appointing an
      get the redeveloped       redevelopment, there        to MHADA to provide                                                                                         expert body to consider the aspect of
      houses, they fail to      are no enforceable          basic amenities to the                                                                                      tenement density.
      meet the standards of     and          effective      urban poor in the
      adequate       housing,   provisions        and       Mumbai      city     and
      which       is     also   measures in place to        suburbs especially in the
      provided by the UN        ensure     that    the      slum areas.
      Human            Rights   housing provided is
      Council, namely of        of good or adequate         Government Resolution
      affordability, security   quality.                    of 27-04-2006       lays
      of           tenure,                                  down      the
      accessibility             While housing is                      Integrated
      ,                         given     free,     the     Housing &
      habitability,             maintenance charges                   Slum
      provision            of   are not affordable. It      Development
      infrastructure,           is found that in recent     Programme
      amenities          and    schemes where the                     (IHSDP)
      services, location.       number of floors            which provides for basic
                                exceeds ten and often       and social amenities.
                                even twenty, the costs
                                of elevator, lifting        Circular No. 122 dated
                                water are very high         08.03.2011
                                and     exceed      the                       whic
                                earning capacity of         h provides for installing
                                the dwellers. These         lifts from companies;
                                costs     are      only     obligation     of      the
                                inadequately offset by      developer to install fire-
                                the interest on the         fighting system, and the
                                maintenance fund            entire cost to be borne


                                                                                                                                                                                                          Page 440
                                                                                                                                                                                                          176
Sr.   Specific Issue / Cause     of       the Relevant                      Proposed Measure / Solution   Whether      Proposed Proposal   for Reference   Views and Suggestions of the SRA
No.   problem identified problem                                  existin                                 Measure / Solution Legislative
                                                 g Statutory Section(s),                                  requires amendment Reforms
                                                 Regulation(s), Rule(s),                                  of law by Legislature
                                                 Circular(s),
                                                 Guideline(s) and / or
                                                 Judgment(s)
                        given       by       the by the Developer.
                        developers and held
                        by SRA for co- Circular No. 193 dated
                        operative societies of 11.08.2020
                        dwellers.                                   whic
                                                 h provides for payment
                                                 of maintenance deposit
                        While SR buildings as per clause 9.1 of the
                        above 7 floors have Regulation 33(10) of
                        elevators, and in DCPR 2034.
                        theory houses on
                        lower floors are Circular No. 191 dated
                        allotted to elderly and 26.02.2020 which is
                        disabled, however in regarding the Quality
                        actuality this is often Control Cell in the Slum
                        not done leading to Rehabilitation
                        accessibility issues. Authority and provides
                        Lifts are not large for periodic visit to the
                        enough                to construction site.
                        accommodate vendor
                        wares.

                        Construction quality,
                        and amenities in SR
                        buildings         have
                        deteriorated over the
                        years, and several
                        older buildings are in
                        dire need of
                        maintenance         and
                        repairs. Planning of SR
                        buildings often ignores
                        planning principles
                                     and
                        building standards are
                        diluted to enhance the
                        levels of profit in
                        scheme; adequate light
                        and ventilation in
                        homes and in corridors
                        is a concern in several
                        buildings; lack of open
                        spaces;     community
                        spaces and social



                                                                                                                                                                                       Page 441
                                                                                                                                                                                       177
Sr.   Specific Issue / Cause     of             the Relevant                     Proposed Measure / Solution            Whether      Proposed Proposal   for Reference   Views and Suggestions of the SRA
No.   problem identified problem                                      existin                                           Measure / Solution Legislative
                                                       g Statutory Section(s),                                          requires amendment Reforms
                                                       Regulation(s), Rule(s),                                          of law by Legislature
                                                       Circular(s),
                                                       Guideline(s) and / or
                                                       Judgment(s)
                             infrastructure      is
                             converted to small
                             rooms, making them
                             unviable for the
                             requisite purposes.

                             Infrastructure floor is
                             set very low for SR
                             schemes, and does not
                             consider the needs of
                             slum         dwellers
                             engaged in variety of
                             precarious self-
                             employments. Slums
                             double as home and
                             work spaces, and the
                             outside space can be
                             used for work as well.
                             Closed SR tenements
                             restrict the use of
                             outside space, and
                             makes storing of
                             vending
                                          and
                             production materials
                             as a potential fire
                             hazard. People often
                             get displaced from
                             their livelihoods,
                             while getting a new
                             house
50.   Over-reliance       on Withdrawal of the                                   State has to perform a more active,                                         T-6
      developers      which state      from      the                             committed role in inclusive city
      leads to FSI and       responsibility       of                             planning.
      TDR alone to play a rehabilitating slum
      bigger role in         dwellers, and from
      restructuring the city providing housing to                                State needs to consider the entire
      for providing          those living in slums                               built environment while planning
      housing to slum                                                            so that infrastructure, amenities,
      dwellers making the                                                        residences and livelihood can all be
      whole process profit                                                       thought of as essential to housing
      centric                                                                    and housing is not planned in
                                                                                 isolation.




                                                                                                                                                                                                     Page 442
                                                                                                                                                                                                     178
Sr.   Specific Issue / Cause     of        the Relevant                   Proposed Measure / Solution                Whether      Proposed Proposal   for Reference     Views and Suggestions of the SRA
No.   problem identified problem                               existin                                               Measure / Solution Legislative
                                                g Statutory Section(s),                                              requires amendment Reforms
                                                Regulation(s), Rule(s),                                              of law by Legislature
                                                Circular(s),
                                                Guideline(s) and / or
                                                Judgment(s)
                                                                          State needs to be held accountable
                                                                          for the living conditions of those
                                                                          who have been resettled.

                                                                          State has to re-image the land
                                                                          occupied by the slum or buildings
                                                                          in need of redevelopment as not
                                                                          less than "best use". Instead, the
                                                                          policy needs to be driven towards
                                                                          giving the inhabitants more
                                                                          choices.


51.   Arbitrary use of laws The Act lays down a Section 3Z-1 and          Procedure for conducting any                                                    T-6         The process of eviction is being
      and     powers      in procedure for eviction     2, Chapter 1      eviction of slums by any authority                                                          undertaken in compliance with the
      clearance of slums.    involving serving                            should be preceded by: i) a survey                                                          procedures set out under the Slum Act.
                             individual notices and                       of all residents; ii) individual
                             providing     residents                      notices to all residents; iii)                                                              As regards the evictions under Section 33
                             with sufficient time to                      preparation of annexure-2 based on                                                          and 38 and payment of rents, the same
                             prove their eligibility.                     the survey; iv) sufficient appeal time                                                      has been addressed above.
                             However, authorities                         before eviction;        v)
                             often    violate     the                     rehabilitation before eviction; vi)
                             provisions laid down                         appeal process after eviction as well;
                             and arbitrarily evict                        vii) no evictions during monsoon
                             people causing                               periods as per SC order;
                             extreme       distress.                      viii) No eviction till eligibility issue
                             (cases of Ambujwadi,                         and pendency of appeals. Officers
                             Jai Bhim Nagar,                              using arbitrary power to evict
                             Panchsheel     Nagar)                        should be prosecuted under
                             furthermore      many                        criminal charges as the people
                             evictions are now                            rendered        homeless          suffer
                             happening during the                         tremendous violence due to
                             monsoon period of                            homelessness,
                             prohibition.




                                                                                                                                                                                                        Page 443
                                                                                                                                                                                                        179
Sr.   Specific Issue / Cause     of          the Relevant                   Proposed Measure / Solution            Whether      Proposed Proposal   for Reference     Views and Suggestions of the SRA
No.   problem identified problem                                 existin                                           Measure / Solution Legislative
                                                  g Statutory Section(s),                                          requires amendment Reforms
                                                  Regulation(s), Rule(s),                                          of law by Legislature
                                                  Circular(s),
                                                  Guideline(s) and / or
                                                  Judgment(s)
52.   Lack of Resettlement Infrastructural                                  MCGM should develop tenements                                               T-6         Schemes such as cluster redevelopment
      and Redevelopment development in the                                  for rehabilitation on its own vacant                                                    are being considered to be introduced by
      tenements             city constantly raises                          land which can be used to                                                               the SRA. Further, provisions such as
                            the demand to resettle                          rehabilitate the people affected by                                                     Regulation 3.11 of 33 (10) exists for
                            people displaced due                            different projects of MCGM.                                                             PAPs.
                            to projects. The
                            MCGM region has
                            some R&R colonies
                            where people are
                            resettled but these fall
                            far short of the demand
                                      for
                            resettlement.
                            Furthermore, many of
                            these colonies have
                            been created in areas
                            which are unfit for
                            human        habitation.
                            Therefore,        many
                            infrastructure projects
                            are stalled or people
                            are displaced without
                            any rehabilitation.
53.   Developers delay the Developers are more 33(10) VII 2.6 DCPR,         SRA should effectively implement                                            T-6         The permissions of sale building are
      construction of the interested in the 2034                            the existing regulation that                                                            dependent on completion of the
      rehabilitation        profits they will be                            mandates             simultaneous                                                       rehabilitation buildings. Till such time
      component       while earning from the sale 33(10) VIII DCPR,         construction     of    first  the                                                       the rehabilitation buildings are not
      only focusing on the of the sale component 2034                       rehabilitation component and then                                                       complete, permissions for sale are not
      sale component.       rather     than      the                        the sale component.                                                                     fully granted. The CC for sale building is
                            Rehabilitation of the Circular No. 210- dated                                                                                           issued in the proportion to the
                            slum          dwellers. 01.08.2023                                                                                                      rehabilitation building as specified under
                                                                                                                                                                    the DCPR 2034.
                            Construction of rehab Circular No.190- dated
                            buildings         are 16.01.2020
                            commenced and then
                            stopped midway and
                            instead construction
                            of sale buildings are
                            commenced.

                            After a couple of
                            years,   Developers
                            usually even stop
                            giving  the   slum



                                                                                                                                                                                                       Page 444
                                                                                                                                                                                                       180
Sr.   Specific Issue / Cause     of             the Relevant                     Proposed Measure / Solution          Whether      Proposed Proposal   for Reference      Views and Suggestions of the SRA
No.   problem identified problem                                      existin                                         Measure / Solution Legislative
                                                       g Statutory Section(s),                                        requires amendment Reforms
                                                       Regulation(s), Rule(s),                                        of law by Legislature
                                                       Circular(s),
                                                       Guideline(s) and / or
                                                       Judgment(s)
                             dwellers the promised
                             transit rent, making it
                             easier for them to
                             delay the construction
                             of the rehabilitation
                             component.




54.   Severe shortage of Loopholes in schemes Government Resolution              Construction     of    Mixed-Use                                          T-6         The SRA implements slum schemes in
      affordable housing under the SRA and dated 27-04-2006                      Buildings which incorporates                                                          accordance with Regulation 33 (10). The
      for EWS and LIG even in centrally laying                    down     the   rental housing, ownership units,                                                      suggestion involves formation of a new
      groups of people; the sponsored schemes Integrated housing &               commercial spaces and livelihood                                                      policy.
      role of housing         causes shifting of        Slum Redevelopment       spaces within the same structure.
      provisions under the slum dwellers from Programme.
      SRA and centrally one place to another,                                    Inclusion of rental units to
      sponsored schemes in instead of eradicating                                subsidies the maintenance of the
      exacerbating        the the issue of slums.                                building by designating 20% of the
      housing deficit,        Selling of EWS and                                 tenements as rental housing.
      leading             to LIG tenements at                                    Additionally, allocate livelihood
      displacement        of exorbitant rates which                              spaces of 600 sq. ft. against 100
      substantial number of EWS are unable to                                    households and exempt it from
      households        and pay.                                                 Floor     Space    Index     (FSI)
      creation of new                                                            calculations.
      slums.
55.   Lack of basic public Residents               are G.R. of 27-04-2006        The Urban Development Plans                                               T-6          The issue regarding the amenities which
      amenities     –     no completely dependent which lays down the            Formulation and Implementation                                                         are made available in the slum
      government schools, on private service Integrated Housing &                (“UDPFI”) guidelines of there                                                          rehabilitation scheme is dealt with
      hospitals and other providers            whose Slum         Development    being 1 pre- primary school for                                                        hereinabove.
      public services in the charges are exorbitant Programme (IHSDP)            2500 population and 1 senior
      area;                   making it financially which provides for basic     secondary school for 7500
                              strenuous to the and social amenities.             population and 1 dispensary for
      Inadequate water,       residents.                                         15,000 people, 1family welfare
      sanitation,      solid                            33(10) VIII 6, DCPR,     center and 1 diagnostic center for
      waste management In the DCPR 2018,                2034                     50,000    people    should      be
      facilities              only select amenities                              implemented and made available.
                              have been mentioned 33(10) VIII 8, DCPR,
                              explicitly for slum       2034                     UDPFI guidelines should be
                              rehabilitation,     these                          followed with regard to open
                              are not stand-alone 33(10) VIII 9, DCPR,           spaces, pre-primary, primary,
                              amenities       but       2034                     senior   secondary    schools,


                                                                                                                                                                                                        Page 445
                                                                                                                                                                                                         181
Sr.   Specific Issue / Cause     of                the Relevant                     Proposed Measure / Solution            Whether      Proposed Proposal   for Reference      Views and Suggestions of the SRA
No.   problem identified problem                                         existin                                           Measure / Solution Legislative
                                                          g Statutory Section(s),                                          requires amendment Reforms
                                                          Regulation(s), Rule(s),                                          of law by Legislature
                                                          Circular(s),
                                                          Guideline(s) and / or
                                                          Judgment(s)
                                tenements within the                                dispensaries, primary health care
                                buildings. The size has                             centres, and other amenities
                                been prescribed to
                                27.88 sq.m. forever                                 Inclusion of basic amenities as an
                                multiple of or part of                              integral and inseparable part of the
                                250 hutment dwellers                                R&R process.
                                or 25 sq. m. in case of
                                R&R. they include –                                 Amenities need land reservations,
                                1. Anganwadi; 2.                                    especially for education and
                                Healthcare                                          recreation,  the     must     be
                                center/outpost;      3.                             accommodated into planning with
                                Community         Hall/                             R&R Colonies.
                                gymnasium/ fitness
                                center;    4.     Skill
                                development centre;
                                5.             Women
                                Entrepreneurship
                                Centre; 6. Yuva
                                Kendra/       Library/
                                Society Office; 7.
                                Religious Structures.

                                While these have
                                been listed, only four
                                amenities           are
                                incentivized        for
                                construction by the
                                builder as ‘free of FSI
                                computation’.
56.   The               2022                                                        Outstanding tax payments with                                               T-6         Collection of property tax does not fall
      Government                                                                    interests should be waived off. The                                                     under the realm of SRA.
      ordinance to not                                                              2022 ordinance must be followed.
      charge property taxes
      to houses with less
      than 500 sq. ft. is not
      being followed




                                                                                                                                                                                                             Page 446
                                                                                                                                                                                                              182
Sr.   Specific Issue / Cause     of          the Relevant                  Proposed Measure / Solution             Whether      Proposed Proposal   for Reference      Views and Suggestions of the SRA
No.   problem identified problem                                  existin                                          Measure / Solution Legislative
                                                   g Statutory Section(s),                                         requires amendment Reforms
                                                   Regulation(s), Rule(s),                                         of law by Legislature
                                                   Circular(s),
                                                   Guideline(s) and / or
                                                   Judgment(s)
57.   Many CHS have not This is a time- 33(10) VIII 9, DCPR,               The concerned authorities should                                             T-6          The SRA is considering on coming up
      received their corpus consuming process 2034                         transfer the amount along with the                                                        with an SOP to deal with this issue.
      funds                 involving the SRA                              interest immediately to each CHS.
                            office, which does not
                            function effectively




58.   Many times, those                                                      The eligibility of the occupants                                           T-6          The issue of eligibility and handing over
      displaced by PAP                                                       should be completed as soon as                                                          of the PAPs is addressed in the Tables
      wait for years for the                                                 possible and the process of handing                                                     above.
      process of approving                                                   over permanent possession letters
      the eligibility of the                                                 should be done so that the
      households – for many                                                  maintenance and repair work can be
      it has not taken place                                                 commenced.
      till date. The residents
      cannot form a CHS as
      a result and undertake
      maintenance of their
      own buildings.
59.   In many PAPs, the                            Government resolution Lease of the land on which the                                                 T-6         The issue of lease has been addressed in
      land     under    the                        dated 16-07-2016          R&R buildings are constructed                                                          the Tables above.
      building remains in                          regarding allotment of must be handed over to CHS.
      ownership of the                             land on lease to eligible
      SRA. It is mandatory                         slum developers.
      for the CHS to own
      this land on lease as                        Circular          dated
      per the CHS Act and                          14/09/2020         195
      Slum Act.                                    regarding the Lease
                                                   Agreement      Between
                                                   SRA and the developer/
                                                   society with intent to
                                                   enter into a SRS.




                                                                                                                                                                                                       Page 447
                                                                                                                                                                                                       183
Sr.   Specific Issue / Cause     of   the Relevant                    Proposed Measure / Solution            Whether      Proposed Proposal   for Reference      Views and Suggestions of the SRA
No.   problem identified problem                          existin                                            Measure / Solution Legislative
                                          g Statutory Section(s),                                            requires amendment Reforms
                                          Regulation(s), Rule(s),                                            of law by Legislature
                                          Circular(s),
                                          Guideline(s) and / or
                                          Judgment(s)
60.   Manner in which                     Eviction                    There should be prior informed                                              T-6         The process of eviction is being carried
      eviction takes place                            proceeding      consent of all residents during the                                                     out in accordance with law.
      slum dwellers have                  s are under Section 33      process of eviction and relocation.
      no access to data/                  and 38 of the                                                                                                       As far as possible, the rehabilitation is
      documents related to                Maharashtra Slum            Adequate, timely and unrestricted                                                       carried out in – situ. In any case, it has
      the process of                      (Reformation,               access to information with regards                                                      been held by the Hon’ble Bombay High
      resettlement       and              Clearance and               to the eviction, relocation and                                                         Court that there is no right to be
      rehabilitation. Many                Redevelopment) Act,         resettlement                                                                            rehabilitated in a particular place. The
      slum dwellers report                1971.                                                                                                               rehabilitation is carried out taking into
      not being consulted                                             Protection of the right of people to                                                    account the planning possibilities and
      in the process of                   Circular No. 147 dated      say no the eviction and                                                                 constraints which exist on site.
      eviction           and              04/07/2011       whereby    displacement
      rehabilitation;                     due process has to be
      Sufficient        time              followed while carrying     Relocation must be done close to
      period is not given                 out                         source    of   livelihoods   and
      before       relocation                              evictio    protection of livelihoods in the
      process and eviction                n                           process.
      would begin and                     proceedings         under
      slum dwellers also                  Section      33,      and   Authorities should cover the
      suffer destruction and              unlawful eviction shall     relocation costs of the slum
      loss of possession                  not be carried out.         dwellers
      during the eviction
      process                             33(10) VI 1.16 (iv),
                                          DCPR, 2034

                                          Section 10, SR Act
                                          Section 38, SR Act
61.   Persons           with                                          Inclusion of a special component in                                         T-6         During eviction process, Concerned
      disabilities and those                                          the R&R Package for vulnerable                                                          Officers takes proper care on humanitarian
      who are unwell do not                                           sections      like  persons    with                                                     grounds for such cases.
      receive any special                                             disabilities, women, children,
      care or facility during                                         older persons, members of
      the eviction /                                                  Scheduled Castes and Tribes, and
      relocation process.                                             minority communities.




                                                                                                                                                                                                 Page 448
                                                                                                                                                                                                 184
Sr.   Specific Issue / Cause     of              the Relevant                      Proposed Measure / Solution            Whether      Proposed Proposal   for Reference     Views and Suggestions of the SRA
No.   problem identified problem                                       existin                                            Measure / Solution Legislative
                                                      g Statutory Section(s),                                             requires amendment Reforms
                                                      Regulation(s), Rule(s),                                             of law by Legislature
                                                      Circular(s),
                                                      Guideline(s) and / or
                                                      Judgment(s)
62.   Lack of coordination Different statutes         Government Resolution        An R&R authority can be created in                                          T-6
      between authorities entail            different dated 21.09.2023 by          Mumbai who would have the                                                               Every agency deals with rehabilitation of
      responsible         for entitlements leading way of which approval           power and responsibility of                                                             protected hut dwellers who are affected
      providing               to variances.           is given to allow            coordinating the different state                                                        by their project. Protection to the hut
      rehabilitation;                                 projects of SRA to be        agencies to address the problems                                                        dwellers is a state policy and concerned
                                                      implemented in joint         faced by relocated families.                                                            agencies provides rehabilitation as per
      Lack in uniformity in                           partnership      through                                                                                             prevailing policy.
      different                                       other       corporations/    Periodic review of the R&R
      rehabilitation policy                           authorities/ local bodies    Process by the affected people and                                                      SRA is Special Planning Authority and
      and processes                                   like     MCGM,          to   their representative organisation;                                                      already policy is formulated for
                                                      implement joint venture      social audit and regular monitoring                                                     rehabilitation of slum dwellers in SRA
                                                      between the SRA and          of projects and its R&R                                                                 projects.
                                                      the    other     relevant    components;
                                                      corporation or authority
                                                      - Bilateral agreement        Clear         demarcation       of
                                                      between the local body/      responsibilities and duties of the
                                                      corporation and the          various agencies involved in the
                                                      SRA                          process of rehabilitation and
                                                                                   resettlement;


                                                                                   Proper co-ordination between
                                                                                   relevant authorities with regard to
                                                                                   implementation of the provisions of
                                                                                   the R&R Policy.

                                                                                   Establish criteria and processes for
                                                                                   selection of rehabilitation agency;


                                                                                   Develop      standard    operating
                                                                                   procedures (SOPs) to be followed
                                                                                   by rehabilitation agency and
                                                                                   penalties for noncompliance of the
                                                                                   same – these SOPs should include
                                                                                   a section on participation of
                                                                                   children of PAPs, preparedness of
                                                                                   children and mitigation of
                                                                                   hardships;

                                                                                   Commission the development of a
                                                                                   toolkit for the socio-economic
                                                                                   assessment of the PAPs,
                                                                                   environmental assessment of the



                                                                                                                                                                                                             Page 449
                                                                                                                                                                                                             185
Sr.   Specific Issue / Cause     of             the Relevant                     Proposed Measure / Solution            Whether      Proposed Proposal   for Reference      Views and Suggestions of the SRA
No.   problem identified problem                                      existin                                           Measure / Solution Legislative
                                                       g Statutory Section(s),                                          requires amendment Reforms
                                                       Regulation(s), Rule(s),                                          of law by Legislature
                                                       Circular(s),
                                                       Guideline(s) and / or
                                                       Judgment(s)
                                                                                 relocation sites and all other
                                                                                 assessments that need to be
                                                                                 completed prior to the initiation of
                                                                                 the infrastructure project – this
                                                                                 toolkit should include planning
                                                                                 tools for eliciting the concerns and
                                                                                 perception of children




63.   The adverse effect on   The      impact     on                             One section in the R&R policy                                               T-6         As above.
      children during the     children during the                                should be dedicated to children
      process of eviction,    whole process is                                   specifically with regards to the
      relocation       and    flagrantly ignored.                                roles and responsibilities of
      rehabilitation;                                                            planning authorities

      Safety issues persist                                                      The process of shifting from one
      amongst the children                                                       place to another should be non-
      some owing to the                                                          violent and should minimize
      architecture of R&R                                                        hardship and trauma for children –
      Colonies, and some                                                         specific needs of children should be
      owing to the process                                                       taken into account
      of rehabilitation and
      its impact on young                                                        Mandate that displacement of PAPs
      people.                                                                    should take place during annual
                                                                                 summer vacation so that education
                                                                                 of children remains uninterrupted.

                                                                                 These guidelines should include
                                                                                 penalties in case of delays or non-
                                                                                 compliance of any of the stake-
                                                                                 holders;

                                                                                 Provide guidelines to municipal
                                                                                 corporation to ensure provisions of
                                                                                 education, health and recreation
                                                                                 facilities to children of PAPs;

                                                                                 Provide guidelines to guarantee
                                                                                 safety and protection of children
                                                                                 during the rehabilitation and
                                                                                 resettlement processes;


                                                                                                                                                                                                        Page 450
                                                                                                                                                                                                        186
Sr.   Specific Issue / Cause     of           the Relevant                   Proposed Measure / Solution             Whether      Proposed Proposal   for Reference      Views and Suggestions of the SRA
No.   problem identified problem                                  existin                                            Measure / Solution Legislative
                                                   g Statutory Section(s),                                           requires amendment Reforms
                                                   Regulation(s), Rule(s),                                           of law by Legislature
                                                   Circular(s),
                                                   Guideline(s) and / or
                                                   Judgment(s)

                                                                             Consider formation of an inter-
                                                                             departmental committee, including
                                                                             representatives from relevant
                                                                             municipal authorities for provision
                                                                             of services to project-affected
                                                                             children and their families post the
                                                                             resettlement;

                                                                             Ensure the set-up of a help desk to
                                                                             facilitate the access to services and
                                                                             ensure that children are in age
                                                                             appropriate education;

                                                                             Extend temporary care facilities so
                                                                             that families receive support in
                                                                             child care roles when settling down
                                                                             in their new homes;

                                                                        Law enforcement in such areas
                                                                        should take place in a community-
                                                                        centric manner with children’s
                                                                        participation and can be made
                                                                        possible through the setup of Child
                                                                        Protection Committees in every
                                                                        ward as mandated by the Integrated
                                                                        Child Protection Scheme and
                                                                        Government of Maharashtra.
64.   Current       density This is due to constant Part VIII – General Planning authorities must restrict                                                T-6         The said issue has been addressed in the
      norms for R&R are floor space index Building Requirements- densities of rehabilitation buildings                                                                Tables above.
      violative of standard incentivization      in DCPR, 2034          and ensure adequate housing
      density norms         Mumbai. The DCPRs                           standard for slum rehabilitation.
                            2018 further allow for                      Developing child-centric planning
                            FSI       for      slum                     for rehabilitation will also help in
                            redevelopment to be as                      ensuring better quality of life for its
                            high as 4 which leads                       residents and simultaneously ensure
                            to higher densities.                        children’s development needs and
                                                                        their spatial needs are met.
                            The DCPRs 2018
                            have made allowance
                            for densities as high
                            as 500-650 tenements
                            per net hectare, which
                            is four times the



                                                                                                                                                                                                         Page 451
                                                                                                                                                                                                         187
Sr.   Specific Issue / Cause     of             the Relevant                      Proposed Measure / Solution            Whether      Proposed Proposal   for Reference     Views and Suggestions of the SRA
No.   problem identified problem                                       existin                                           Measure / Solution Legislative
                                                        g Statutory Section(s),                                          requires amendment Reforms
                                                        Regulation(s), Rule(s),                                          of law by Legislature
                                                        Circular(s),
                                                        Guideline(s) and / or
                                                        Judgment(s)
                              density specified in
                              the             UDPFI
                              Guidelines         that
                              specify 125-175
                              persons per hectare.
                              Higher        tenement
                              densities are not being
                              met     with      equal
                              provisioning of basic
                              amenities, and there is
                              a restriction in the
                              size and number of
                              amenities and a large
                              number of building
                              concessions are being
                              allowed.
65.   To do away with                                                             On redevelopment everyone should                                            A-8         As per the provisions of the Slum Act and
      notion that poor                                                            pay their own house construction                                                        DCPR, the SRA is providing free
      family should be                                                            cost. Subsidies may be made                                                             housing to the slum dwellers who are
      provided a free house                                                       available as also housing loans on                                                      eligible.
      because it lives in                                                         pain of eviction in case of default.
      urban slum                                                                                                                                                          The suggestion would require statutory
                                                                                  Housing to be offered on leave and                                                      amendments.
                                                                                  licence to families which cannot
                                                                                  afford EMIs covering construction
                                                                                  cost.

                                                                                  Ownership of land must be separate
                                                                                  from the ownership of structure
                                                                                  standing on it (as in Japan). On
                                                                                  selling the premises the occupant
                                                                                  may recover cost of construction.
                                                                                  Occupant should not be permitted
                                                                                  to claim any appreciation in the
                                                                                  land value.

                                                                                  Owner of the structure should be
                                                                                  permitted to sell structure only to
                                                                                  the owner of the land at
                                                                                  construction cost less adjustment
                                                                                  for deterioration.




                                                                                                                                                                                                            Page 452
                                                                                                                                                                                                            188
Sr.   Specific Issue / Cause     of               the Relevant                     Proposed Measure / Solution              Whether      Proposed Proposal   for Reference      Views and Suggestions of the SRA
No.   problem identified problem                                        existin                                             Measure / Solution Legislative
                                                         g Statutory Section(s),                                            requires amendment Reforms
                                                         Regulation(s), Rule(s),                                            of law by Legislature
                                                         Circular(s),
                                                         Guideline(s) and / or
                                                         Judgment(s)
66.   Marginalization   of The voices of the                                       Strengthening the rights of slum         Yes                 Act should be A-9             As per Circular 210, a rent of 3 years for
      Slum Dwellers        slum dwellers, who                                      dwellers                                                     amended           to          the eligible slum dwellers, and a rent of 1
                           are    the     primary                                                                                               include stronger              year for the ineligible slum dwellers is
                           beneficiaries of the                                                                                                 legal safeguards              secured. After the slum dwellers are
                           Act, are often ignored                                                                                               for slum dwellers,            evicted, they are paid rents by the
                           during the planning                                                                                                  including the right           developers.
                           and execution phases                                                                                                 to        alternate
                           of the redevelopment                                                                                                 housing      before           The SRA is considering imposition of
                           projects.       Forced                                                                                               any eviction is               timelines for completion of the entire
                           evictions and lack                                                                                                   carried out and the           project and specifying such timelines in
                                   of alternate                                                                                                 right to participate          the LOIs. The slum dwellers would thus
                           housing                                                                                                              meaningfully in               receive rents till such time their
                           arrangements for                                                                                                     redevelopment                 rehabilitation units are ready. Once
                           displaced families                                                                                                   Decisions.                    ready, they will be given the possession
                           result    in    further                                                                                                                            of such units.
                           disenfranchisement
                           of             already                                                                                                                             Without 51% consent of the slum
                           marginalized groups.                                                                                                                               dwellers, the developer cannot be
                                                                                                                                                                              appointed.

67.   The          economic   After eviction and                                   The rehab commercial units be                                                 A-10        The Commercial Units are allotted in
      rehabilitation of the   demolition, the said                                 allotted front side of the road facing                                                    accordance with the provisions of the
      Slum dweller is         developer gets the                                   and/ or in such a way that the Slum                                                       DCPR. Further, the position of the units
      prejudiced.             revised building plan                                dweller can carry out his business                                                        may differ from project to project,
                              sanctioned wherein                                   activities to carry out the bread for                                                     depending on the plot and the planning
                              the rehab commercial                                 his family.                                                                               constraints.
                              units are located at the
                              back side of the Slum                                The commercial rehab premises be
                              Scheme wherein the                                   permitted to be rented out on the
                              Slum dweller in                                      Leave and License basis, but
                              capable to carry out                                 should not be allowed to be sold till
                              the business.                                        the completion of the 10 years from
                                                                                   the date of the allotment.
                              Further, the condition
                              of not creating third
                              party    right   with
                              respect to the rehab
                              commercial units is
                              discriminatory      as
                              various         Slum
                              dwellers           are
                              financially       and
                              economically       not
                              capable of carrying



                                                                                                                                                                                                                 Page 453
                                                                                                                                                                                                                  189
Sr.   Specific Issue / Cause     of              the Relevant                     Proposed Measure / Solution            Whether      Proposed Proposal   for Reference     Views and Suggestions of the SRA
No.   problem identified problem                                       existin                                           Measure / Solution Legislative
                                                        g Statutory Section(s),                                          requires amendment Reforms
                                                        Regulation(s), Rule(s),                                          of law by Legislature
                                                        Circular(s),
                                                        Guideline(s) and / or
                                                        Judgment(s)
                              out      their     own
                              business due to heavy
                              investments and/or
                              due to old age and/or
                              death of head of the
                              family and/or cannot
                              carry on their existing
                              business      due    to
                              change in location
                              and       nature     of
                              structure etc. There is
                              no option but, to give
                              the     said      rehab
                              commercial premise
                              on leave and license
                              basis, but action u/s
                              3e is initiated for
                              renting out the said
                              premise before the
                              cap period of 10 years
                              and thereby rights of
                              the Slum dwellers are
                              prejudiced.
68.   Name of original        In most cases, after                                After declaration of the Annexure-                                          A-10        Sale purchase of eligible hutment
      occupant recorded in    the declaration of the                              II, if the permanent tenement is not                                                    dwellers in Annexure-II is not allowed.
      Annexure           II   annexure-II         the                             allotted within 36 months then, the                                                     This is a State Policy. Proposal as
      continues        till   scheme is normally                                  tenement be allowed to transfer in                                                      suggested will propogate building of
      allotment         of    completed on an                                     the name of the new purchaser                                                           illegal slum structures.
      permanent tenement      average after 8 to 10                               occupant and the name of the new
                              years and in some                                   purchaser occupant be recorded in
                              cases it is delayed for                             the Annexure-II and be held
                              more than 22 years.                                 Eligible for rehabilitation.
                              After the declaration
                              of the Annexure-II,
                              various           Slum
                              dwellers create third
                              party rights but the
                              name of the new
                              occupant cannot be
                              recorded       in   the
                              Annexure-II




                                                                                                                                                                                                            Page 454
                                                                                                                                                                                                            190
Sr.   Specific Issue / Cause     of             the Relevant                     Proposed Measure / Solution              Whether      Proposed Proposal   for Reference      Views and Suggestions of the SRA
No.   problem identified problem                                      existin                                             Measure / Solution Legislative
                                                       g Statutory Section(s),                                            requires amendment Reforms
                                                       Regulation(s), Rule(s),                                            of law by Legislature
                                                       Circular(s),
                                                       Guideline(s) and / or
                                                       Judgment(s)
69.   Need to end electoral All govt policies and                                This can be ended only with                                                   A-11
      politics   connected decisions are taken                                   changes in policies like the
      with slums.           based on electoral                                   suspension of voting rights of slum
                            politics at the cost of                              dwellers till the demolition of
                            law-abiding tax-                                     structures.
                            paying citizens.




70.   Improper regulation    SRA failed to act as                                1. Restrict SRA's role to a planning                                          A-11        The said issue is already addressed in the
      of Slum Schemes        an effective regulator.                             authority and that too till approval                                                      Tables above.
                             Multiple regulators                                 of the SRA Scheme.
                             i.e. SRA and                                        2. A developer shall have no role in
                             MahaRERA          have                              slum        declaration,       society
                             entrusted the role of                               formation, eligibility, demolition of
                             regulator      creating                             structures etc. Once the developer's
                             new disputes/issues.                                role is taken away, corruption and
                                                                                 other connected issues will be
                                                                                 largely addressed.
                                                                                 3. The mechanism of appointment
                                                                                 of the developer shall be changed
                                                                                 as suggested by these Intervenors.
                                                                                 4. Slum dwellers who are
                                                                                 encroachers and not paying any
                                                                                 taxes etc. shall not be given any
                                                                                 right to appoint/change developers
                                                                                 and their rights shall be restricted
                                                                                 only to get protection as per
                                                                                 eligibility, transit rent during
                                                                                 redevelopment            and       get
                                                                                 possession of rehab flats.
                                                                                 5. After issuance of the LOI, all
                                                                                 further approvals shall be
                                                                                 entertained and approved by BMC
                                                                                 as a common sanctioning authority.
                                                                                 6. A separate permanent effective
                                                                                 mechanism for vacating a slum plot
                                                                                 after issuance of IOD
                                                                                 7. After the issuance of CC,
                                                                                 MahaRERA alone shall be
                                                                                 considered as a common


                                                                                                                                                                                                               Page 455
                                                                                                                                                                                                               191
Sr.   Specific Issue / Cause     of   the Relevant                  Proposed Measure / Solution               Whether      Proposed Proposal   for Reference      Views and Suggestions of the SRA
No.   problem identified problem                         existin                                              Measure / Solution Legislative
                                          g Statutory Section(s),                                             requires amendment Reforms
                                          Regulation(s), Rule(s),                                             of law by Legislature
                                          Circular(s),
                                          Guideline(s) and / or
                                          Judgment(s)
                                                                    regulatory authority for the entire
                                                                    real estate sector as per the RERA
                                                                    Act - this will remove conflict
                                                                    between the RERA Act & Slum
                                                                    Act.
                                                                    8. Section 13 of the Slum Act shall
                                                                    restrict the authority of SRA to
                                                                    remove/change a developer and
                                                                    MahaRERA alone shall exercise
                                                                    such powers as per sections 6, 7 and
                                                                    8 of the RERA Act - this will
                                                                    remove conflict between the RERA
                                                                    Act & Slum Act.
71.   Slum dwellers' rights                                         1.Slum dwellers shall have no right                                            A-11        The issues regarding RERA have been
      need to be restricted                                         to selection or change of a                                                                addressed in the Tables above.
      and reviewed.                                                 developer.
                                                                    2. Slum dwellers shall have no right                                                       As regards the same of existing units, the
                                                                       to decide the slum pocket to be                                                         slum dwellers are prohibiting from
                                                                       redeveloped.                                                                            transferring units for a period of 5 years.
                                                                    3. Slum dwellers shall be liable to
                                                                       pay a specific lease rent for using                                                     As regards point 5, a slum dweller does
                                                                       the rehab flat allotted in lieu of                                                      not get benefit in two schemes.
                                                                       their eligible structures.
                                                                    4. Structure      does     not    have                                                     As regards the other points, the same may
                                                                       supporting documents after the                                                          require      statutory        amendments,
                                                                       cut- off date shall not be held                                                         formulation of policies.
                                                                       eligible and the developer shall
                                                                       not get any incentive for it.
                                                                    5. A permanent database for slum
                                                                       dwellers must be created so that
                                                                       they are discouraged from selling
                                                                       existing     rehab     flats    and
                                                                       occupying another structure in
                                                                       another scheme and/or getting
                                                                       rehab benefits for more than one
                                                                       structure and/or for benefit in
                                                                       another scheme.
                                                                    6. Ownership of the rehab flat must
                                                                       be with the Government only and
                                                                       on its resale it must be returned to
                                                                       the Government.
                                                                    7. Slum dwellers shall not be
                                                                       entitled to any benefit on the
                                                                       resale of the rehab unit.



                                                                                                                                                                                                   Page 456
                                                                                                                                                                                                   192
Sr.   Specific Issue / Cause     of   the Relevant                  Proposed Measure / Solution              Whether      Proposed Proposal   for Reference      Views and Suggestions of the SRA
No.   problem identified problem                         existin                                             Measure / Solution Legislative
                                          g Statutory Section(s),                                            requires amendment Reforms
                                          Regulation(s), Rule(s),                                            of law by Legislature
                                          Circular(s),
                                          Guideline(s) and / or
                                          Judgment(s)
                                                                    8. Amendment of section-2(d) of
                                                                       the RERA Act shall consider
                                                                       eligible slum dwellers as an
                                                                       allottee so that MahaRERA can
                                                                       redress all grievances of eligible
                                                                       slum dwellers after issuance of
                                                                       CC.
                                                                    9. It is necessary to suspend voting
                                                                       rights till the demolition of the
                                                                       structure to end electoral politics
                                                                       connected with slums.


72.   The compulsory use                                            1. Slum Schemes need to be self-                                              A-11        The said issue is already addressed in the
      of TDR generated in                                           independently viable without any                                                          Tables above.
      Slum Schemes                                                  cross-subsidization by burdening
                                                                    the other private development
                                                                    projects with compulsory use of
                                                                    TDR generated in slum schemes.
                                                                    2. Non-viable or non-feasible slum
                                                                    pockets or slums on reservation
                                                                    plots must be linked with viable
                                                                    projects.
                                                                    3. Private development projects are
                                                                    already overburdened with high
                                                                    taxes and development costs. There
                                                                    is no constitutional justification to
                                                                    penalize them by compelling them
                                                                    to use slum TDR.
                                                                    4. Flat owners in private societies
                                                                    who have paid EMls for acquiring
                                                                    homes in past and paying taxes
                                                                    shall not be compelled to continue
                                                                    in old dilapidated buildings whose
                                                                    redevelopment is not feasible due
                                                                    to cross- subsidization of TDR and
                                                                    higher taxes.




                                                                                                                                                                                                  Page 457
                                                                                                                                                                                                  193
Sr.   Specific Issue / Cause     of               the Relevant                     Proposed Measure / Solution            Whether      Proposed Proposal   for Reference      Views and Suggestions of the SRA
No.   problem identified problem                                        existin                                           Measure / Solution Legislative
                                                         g Statutory Section(s),                                          requires amendment Reforms
                                                         Regulation(s), Rule(s),                                          of law by Legislature
                                                         Circular(s),
                                                         Guideline(s) and / or
                                                         Judgment(s)
73.   Disparity or absence                                                        1. At present proposals u/s 33(10)                                           A-11         The terms of the rehabilitation are set –
      of a level playing                                                          of DCPR are getting several                                                               out under DCPR 2034. The slum scheme
      field between private                                                       concessions and reduced rates of                                                          is carried out in accordance with Reg. 33
      development                                                                 deposits, premiums etc. This does                                                         (10). The concession if any, are set – out
      schemes as compared                                                         not benefit slum dwellers at all but                                                      therein.
      to slum schemes                                                             developers of such schemes.
                                                                                  2. Whereas development schemes                                                            Private schemes are carried out under
                                                                                  of private schemes other than u/s                                                         other provisions of the DCPR. The
                                                                                  33(10) of DCPR are burdened with                                                          suggestion of giving equal concessions to
                                                                                  higher rates of premium, deposits                                                         all will require an amendment to the
                                                                                  etc for no fault on their part.                                                           DCPR.
                                                                               3. 3. There is a major difference
                                                                                  between procedures and rules
                                                                                  related to fire, RG, rain harvesting,
                                                                                  structural stability, drainage,
                                                                               4. environment, open space, distance,
                                                                                  and other basic rules for no fault.
74.   Conflict in laws        At present change of                                SRA's power u/s 13 needs to be                                               A-11        The said issue is already addressed in the
      causes     immense      developer can be done                               taken away once a project is                                                             Table hereinabove.
      losses and hardships    by slum dwellers as                                 registered with Maha-RERA u/s
      to home buyers in       per section-13 of the                               3&5 of RERA Act and RERA Act
      slum schemes            Slum Act even after                                 shall have overriding effect over
                              the sale buildings are                              the Slum Act as per section-88 of
                              under     construction                              RERA Act.
                              and regd with
                              MahaRERA.           This                             Slum dwellers be allowed to make
                              makes provisions u/s                                 representations before Maha-
                              6,7&8 of the RERA                                    RERA in proceedings u/s 6, 7 and 8
                              Act redundant and                                    of the RERA Act by recognizing
                              meaningless          and                             them as allottees by modifying
                              leaves         genuine                               section-2(d) of RERA Act.
                              homebuyers
                              remediless after
                              investing          their
                              savings or paying
                              EMls from earning
                              during the golden
                              period of their life.
                              Dubious developers
                              misuse such conflict
                              by orchestrating such
                              events     or      slum
                              dwellers collude with
                              rival developers and



                                                                                                                                                                                                               Page 458
                                                                                                                                                                                                               194
Sr.   Specific Issue / Cause     of              the Relevant                     Proposed Measure / Solution           Whether      Proposed Proposal   for Reference      Views and Suggestions of the SRA
No.   problem identified problem                                       existin                                          Measure / Solution Legislative
                                                        g Statutory Section(s),                                         requires amendment Reforms
                                                        Regulation(s), Rule(s),                                         of law by Legislature
                                                        Circular(s),
                                                        Guideline(s) and / or
                                                        Judgment(s)
                              use section-13 of the
                              Slum Act for their
                              own benefit.




75.   Restriction      on                                                         Decisions on required officials and                                        A-11
      frequent changes in                                                         appointment of such officials must
      the delegation of                                                           be made on a scientific basis.
      administrative
      powers                                                                      Tenure needs to be specific.
                                                                                  Officials shall be held accountable
                                                                                  if their decisions are reversed on
                                                                                  the ground contrary to law, policy,
                                                                                  judicial precedents and documents.

                                                                                  Appointments must be filled before
                                                                                  vacancies are created as per need
                                                                                  and pending workload.
76.   Change in existing Had the Annexure-III                                     1.Detailed guidelines and scrutiny                                         A-11        As regards introduction of new criteria to
      criteria of approval of process been proper                                 by independent professionals based                                                     assess financial capability and joint
      Annexure-III by SRA the         number       of                             on scientific parameters needed.                                                       venture projects, the same is addressed in
                              failed/stalled projects                             2. Claims and eligibility of                                                           the Tables above.
                              would have been                                     developers need to be based on
                              minimum                                             verified documents.
                                                                                  3. Financial capacity shall be
                                                                                  reviewed by combining the cost of
                                                                                  rehab+sale and not only on the on-
                                                                                  sale plot
                                                                                  4. There are many cases where
                                                                                  disputes have arisen in joint
                                                                                  development        cases.    Hence,
                                                                                  appropriate conditions need to be
                                                                                  added to bind all joint developers
                                                                                  and avoid the impact of their
                                                                                  internal disputes on the project.
                                                                                  5. Review of financial position at
                                                                                  regular intervals needed.


                                                                                                                                                                                                            Page 459
                                                                                                                                                                                                            195
Sr.   Specific Issue / Cause     of   the Relevant                  Proposed Measure / Solution               Whether      Proposed Proposal   for Reference     Views and Suggestions of the SRA
No.   problem identified problem                         existin                                              Measure / Solution Legislative
                                          g Statutory Section(s),                                             requires amendment Reforms
                                          Regulation(s), Rule(s),                                             of law by Legislature
                                          Circular(s),
                                          Guideline(s) and / or
                                          Judgment(s)
                                                                    6. Review or imposition of
                                                                    additional conditions at the time of
                                                                    every amendment, revalidation
                                                                    needed.




77.   Trading of slum                                               1. Grading of developers based on                                              A-11        The said issue regarding qualification of
      schemes that are                                              scientific       criteria      through                                                     the developer and the supervision of the
      sanctioned          by                                        independent professionals                                                                  scheme of the SRA, the same has been
      brokers/anti-social                                           and credit rating agencies etc                                                             addressed in the Tables above.
      elements.                                                     2.    Developers        who satisfy
                                                                    eligibility criteria can participate in
                                                                    the E-Auction of slum projects on
                                                                    merits.
                                                                    3. The developer's role is to start
                                                                    only by seeking approvals as all
                                                                    prior work from slum declaration,
                                                                    survey, revenue records update,
                                                                    eligibility and vacating will be done
                                                                    by SRA through various agencies
                                                                    by using technology.
78.   Rehabilitation                                                1. The cost of additional                                                      A-11        A slum scheme is sanctioned taking into
      schemes shall                                                 infrastructure shall be borne by SR                                                        account the infrastructure in existence
      not become a                                                  Schemes and not by other schemes.                                                          and the plot constraints. A slum scheme
      burden on existing                                            2. Adequate civic amenities and                                                            contains such amenities as are feasible to
      infrastructure.                                               infrastructure shall be created.                                                           be introduced.




                                                                                                                                                                                                  Page 460
                                                                                                                                                                                                  196
Sr.   Specific Issue / Cause     of   the Relevant                  Proposed Measure / Solution            Whether      Proposed Proposal   for Reference      Views and Suggestions of the SRA
No.   problem identified problem                         existin                                           Measure / Solution Legislative
                                          g Statutory Section(s),                                          requires amendment Reforms
                                          Regulation(s), Rule(s),                                          of law by Legislature
                                          Circular(s),
                                          Guideline(s) and / or
                                          Judgment(s)
79.   Offering sale                                                 The website shall give                                                      A-11        The SRA is concerned with the
      units to the public for                                       extensive details of flats available                                                    rehabilitation units. The sale units are the
      sale on the Website to                                        for sale.                                                                               incentive given to the developers and
      reduce marketing                                              Prospective buyers can compare the                                                      subject to completion of the rehabilitation
      costs.                                                        options on multiple factors.                                                            units, they are entitled to deal with the
                                                                                                                                                            same.




80.   Improving                                                     Easy finance at competitive rates:                                          A-11
      accessibility       to                                        Treating projects as infra projects.
      finance                                                       The sector shall be considered a
                                                                    Priority lending sector     to get
                                                                    finance at competitive rates.

                                                                    Multiple finance options for
                                                                    investors: Govt shall approve
                                                                    multiple schemes to attract
                                                                    investors. Sale units shall be
                                                                    available on a leave and license
                                                                    basis and ownership with investors
                                                                    with all legal protection. Fraction
                                                                    ownership schemes may be
                                                                    encouraged      with    all   legal
                                                                    protection.
81.   Innovation         and                                        Technology review and upgrade:                                              A-11         Presently, the SRA has many initiatives
      changes                                                       Govt should invest/encourage                                                             introduced which rely on technology.
                                                                    research in technology upgrades.                                                         Few examples of the same are –
                                                                                                                                                             introduction of Biometrics and auto –
                                                                                                                                                             Annexure II, Drone survey, filings of
                                                                    Alternative to natural resources:                                                        complaints for non – payment of rents
                                                                    Innovation & research shall be                                                           online, proposed mechanism to notify
                                                                    conducted to provide alternatives to                                                     slum dwellers through SMS regarding
                                                                    natural resources.                                                                       publication of Annexure II, proposed
                                                                                                                                                             measure to require the developer to
                                                                                                                                                             update the payment of rents / status of
                                                                                                                                                             rents online etc.




                                                                                                                                                                                                Page 461
                                                                                                                                                                                                 197
Sr.   Specific Issue / Cause     of           the Relevant                       Proposed Measure / Solution             Whether      Proposed Proposal   for Reference      Views and Suggestions of the SRA
No.   problem identified problem                                     existin                                             Measure / Solution Legislative
                                                      g Statutory Section(s),                                            requires amendment Reforms
                                                      Regulation(s), Rule(s),                                            of law by Legislature
                                                      Circular(s),
                                                      Guideline(s) and / or
                                                      Judgment(s)
82.   Policy stability and                                                       Policies must be framed after                                                A-11         The SRA implements Circulars after
      implementation                                                             proper study of all aspects.                                                              considering all the difficulties which are
                                                                                 Periodic or need based review of                                                          faced by stake – holders in implementing
                                                                                 policy.                                                                                   slum schemes. The Circulars are
                                                                                 Implementation must not be half-                                                          formulated based on experience.
                                                                                 hearted or haphazard.




83.   Quality, design & Quality of many                                          MahaRERA           already      have                                         A-11        This issue is already dealt hereinabove.
      maintenance of rehab rehab buildings is                                    mechanism and provisions for
      buildings,           such that they may                                    quality control and quality
                           require                                               assurance and insist on quality
                           redevelopment        in                               certificate from professionals. So if
                           short period.                                         MahaRERA is considered as
                           Rehab buildings are                                   regulator, it can ensure quality of
                           constructed         by                                rehab buildings
                           obtaining        many                                 also.
                           concessions in basic                                  RERA Act has defect liability
                           requirements like fire,                               provision u/s 14 and hence this
                           rain       harvesting,                                aspect can be covered by
                           structural    stability,                              MahaRERA once it is accepted as
                           drainage, environment,                                common regulator.

                                        open space,
                             distance,    RG etc.                               Power of SRA to issue OC etc must
                                        So                                      be curtailed at least for Sale
                                        rehab                                   Buildings.
                             buildings look
                                           like                                  Power of SRA to issue approval
                             another slum.                                       after LOI must be curtailed and all
                             Slum dwellers do not                                approvals must be handled by BMC
                             maintain the flats &                                as a common authority.
                             buildings properly.

                             SRA has issued Part
                             OCs even when work
                             was not completed
                             and     flats were
                             unhabitable.



                                                                                                                                                                                                              Page 462
                                                                                                                                                                                                              198
Sr.   Specific Issue / Cause     of            the Relevant                      Proposed Measure / Solution   Whether      Proposed Proposal   for Reference     Views and Suggestions of the SRA
No.   problem identified problem                                      existin                                  Measure / Solution Legislative
                                                       g Statutory Section(s),                                 requires amendment Reforms
                                                       Regulation(s), Rule(s),                                 of law by Legislature
                                                       Circular(s),
                                                       Guideline(s) and / or
                                                       Judgment(s)
                             SRA           issues
                             amendments without
                             ensuring        prior
                             approval from Maha
                             RERA and allottees
                             which is mandatory
                             u/s 14 of RERA Act.




84.   Recognition       of   The current legal                                   Amend the law to recognize and Yes                                 A-16        Notice is given to all stakeholders or
      Rights of persons      framework                                           protect the rights of lessees and                                              concerned parties & they are being heard
      with lawful interest   predominantly                                       other valid occupants. There is no                                             before passing any orders / initiating
      in the land            recognizes the rights                               distinction made between persons                                               action.
                             of landowners, while                                who are lawfully occupying the
                             neglecting the rights                               property and encroachers.
                             of lessees and other
                             individuals        with
                             legitimate interests in
                             the property.
                             Notices are issued
                             exclusively          to
                             landowners wile the
                             actual      occupants
                             (non-slum dwellers
                             with              valid
                             documentation) are
                             not notified about
                             proceedings under the
                             Slum Act. A lessee
                             under a Slum Scheme
                             is deprived of a larger
                             area in which he
                             would have an
                             interest.




                                                                                                                                                                                                 Page 463
                                                                                                                                                                                                 199
Sr.   Specific Issue / Cause     of             the Relevant                     Proposed Measure / Solution             Whether      Proposed Proposal   for Reference      Views and Suggestions of the SRA
No.   problem identified problem                                      existin                                            Measure / Solution Legislative
                                                       g Statutory Section(s),                                           requires amendment Reforms
                                                       Regulation(s), Rule(s),                                           of law by Legislature
                                                       Circular(s),
                                                       Guideline(s) and / or
                                                       Judgment(s)
85.   Rehabilitation of Non The current scheme                                   Revise the rehabilitation scheme                                             A-16        Industrial Structures requires segregation
                 residential for      rehabilitating                             for nonresidential structures to                                                         distance as per DCPR 2034 & to
      structures             factories under the                                 ensure equitable treatment and                                                           accommodate non – hazardous industries,
                             Slum           Scheme                               prevent    undue    benefits   to                                                        existing users are allowed to be continued
                             disproportionately                                  developers                                                                               in SRS. This issue pertains to zoning laws
                             benefits developers,                                                                                                                         and the same is addressed by the DCPR –
                             as factories do not                                                                                                                          2034.
                             require rehabilitation
                             in the same manner as
                             residential structures



86.   Affordable     rental An important aspect                                  Slum redevelopment schemes                                                   A-27C       There is no policy for rental housing.
      housing provisions    of affordable housing                                should be considered as a viable
                            is the availability of                               opportunity for promoting certain
                            affordable       rental                              sections of the sale component
                            housing. Currently,                                  earmarked for affordable rental
                            both the SRA and the                                 housing along with restricted range
                            state      government                                of tenement areas – 30, 40, 50sq.
                            have no plan or road                                 mt. areas as adopted by MHADA
                            map for the same.                                    for EWS and LIG housing.
                            Also, there is no
                            production           or
                            availability         of
                            affordable housing in
                            market              led
                            developments        by
                            private       builders.
                            MHADA has not
                            been doing enough.
87.   DP 2034 reservation There is no specific                                   Land      should     be     reserved                        In case the slums A-27C       This will require statutory amendment to
      of slum land          reservation for slums                                exclusively for affordable housing                          occupied lands are            the MRTP Act.
                            occupied        lands.                               while maintaining the recreational                          reserved as lands
                            Instead, slums land                                  ground & playground reservation                             for      affordable
                            has           multiple                               to provide opportunity for the                              housing, then the
                            reservations for all                                 supply of additional affordable                             prevailing trend of
                            other developments,                                  housing stock, ncluding affordable                          land
                            with some areas                                      rental housing, as being the sale                           apportionment for
                            designated for general                               component       of      a     slum’s                        rehab and sale
                            housing- ‘H’, and                                    redevelopment project.                                      being on the basis
                            recreational ground                                  Slums redevelopment scheme is                               of 25 to 30%: 75%
                            (RG) & playgrounds                                   one opportunity to build and make                           to 70%, and the
                            (PG) common for the                                  available affordable housing for                            conflicts arising
                            city.                                                sale that otherwise is not available.                       from it will not


                                                                                                                                                                                                              Page 464
                                                                                                                                                                                                              200
Sr.   Specific Issue / Cause     of                the Relevant                     Proposed Measure / Solution        Whether      Proposed Proposal   for Reference     Views and Suggestions of the SRA
No.   problem identified problem                                         existin                                       Measure / Solution Legislative
                                                          g Statutory Section(s),                                      requires amendment Reforms
                                                          Regulation(s), Rule(s),                                      of law by Legislature
                                                          Circular(s),
                                                          Guideline(s) and / or
                                                          Judgment(s)
                                                                                                                                           arise.




88.   In      respect     of   With       regard     to                             To abolish ACB – AGRC / HPC                                             T-10        The said issue is already addressed in the
      commission          of   offences committed                                   as the same was in violation of                                                     Tables above.
      cognizable offences      in S. R. Scheme,                                     Cr.P.C., 1973 and/or now
      while implementing       Complaint has to be                                  B.N.S.S., 2023.
      of the Scheme,           firstly filed before
      matter are referred to   ACB – AGRC and
      A.C.B. – AGRC,           then pursuant to
      contrary to Cr. P.C      outcome of said
      now and BNSS,            Complaint,       further
      2024.                    course of action is
                               decided in the matter


      Building    Plan     / Developer                                              Approval of the Building Plan /                                         T-10        This issue      has    been    addressed
      Layout.                unilaterally decides                                   Layout, should be taken from the                                                    hereinabove.
                             Building     Plan     /                                General Body of the Society,
                             Layout,        without                                 before filing it before SRA for
                             consultation      from                                 approval.
                             Society, thus, Society
                             / Members needs /
                             requirements are not
                             given              due
                             consideration.




89.




                                                                                                                                                                                                           Page 465
                                                                                                                                                                                                           201
Sr.   Specific Issue / Cause     of      the Relevant                    Proposed Measure / Solution            Whether      Proposed Proposal   for Reference    Views and Suggestions of the SRA
No.   problem identified problem                              existin                                           Measure / Solution Legislative
                                               g Statutory Section(s),                                          requires amendment Reforms
                                               Regulation(s), Rule(s),                                          of law by Legislature
                                               Circular(s),
                                               Guideline(s) and / or
                                               Judgment(s)
90.   Commercial        Rehabilitation    of                             a. Relocation of ‘Commercial                                                T-10        This issue has been addressed in the
      Premises          Commercial                                            Premises’, should be as far as                                                     Tables above.
                        Tenements        are                                  possible on ground floor,
                        compromised,                                          having equivalent locational
                                         bei                                  advantage, as existing prior to
                        ng in small number.                                   demolition. Rehabilitation of
                                                                              ‘Commercial          Premises’,
                                                                              should not be compromised for
                                                                              commercial gain of Developer.
                                                                         b. In case of large Commercial
                                                                              Premises [i.e. more than 225
                                                                              sq. ft. carpet area], the slum
                                                                              dweller should be given
                                                                              preferential right to purchase
                                                                              additional area over and
                                                                              above 225 sq. Ft. at
                                                                              construction cost, which
                                                                              construction cost should be
                                                                              decided by SRA and not left
                                                                              to the discretion of the
                                                                              Developer.

                                                                         In this regard, at the time of
                                                                              appointment        of       the
                                                                              Developer itself, a tripartite
                                                                              Agreement       should       be
                                                                              executed between Developer,
                                                                              Society and SRA, wherein,
                                                                              location of rehabilitation of
                                                                              ‘Commercial          Premises,
                                                                              transit rent amount and rate of
                                                                              purchasing additional area
                                                                              over 225 sq. ft. carpet area
                                                                              [upto exiting commercial
                                                                              premises area], should be
                                                                              recorded.




                                                                                                                                                                                               Page 466
                                                                                                                                                                                               202
Sr.   Specific Issue / Cause     of            the Relevant                     Proposed Measure / Solution                Whether      Proposed Proposal   for Reference      Views and Suggestions of the SRA
No.   problem identified problem                                     existin                                               Measure / Solution Legislative
                                                      g Statutory Section(s),                                              requires amendment Reforms
                                                      Regulation(s), Rule(s),                                              of law by Legislature
                                                      Circular(s),
                                                      Guideline(s) and / or
                                                      Judgment(s)
91.   Construction Quality   The       Construction                             a.    Quality      of     construction                                          T-10        a - Third party quality audit is made
      and           timely   Quality of the Rehab                                     should be the responsibility of                                                       mandatory. Architect, Developer &
      construction      of   Buildings are very                                       the Developer and same                                                                Structural Auditors are responsible for
      Project.               poor and in a period                                     should be checked, tested and                                                         quality.
                             of 10 – 15 years,                                        audited by team of atleast 03
                             would require further                                    (three) officers of the S.R.A                                                         b - Defect Liability is enhanced to 10 years
                             redevelopment;                                           every 03 (three) months, who                                                          ( SRA Circular no. 216 dtd.21/02/2024 )
                             Rehab Buildings are                                      shall       be        personally
                             not constructed in                                       responsible for any future                                                            c – No infinite time can be given. After
                             time and there is too                                    defect. Further, it shall also be                                                     completion of DLP, society has to
                             much of delay. Slum                                      the responsibility of the                                                             maintain the Rehab Building.
                             Dwellers have to wait                                    architect/RCC        consultant,
                             for years and in some                                    appointed for the Scheme.
                             scheme for more than                               b. Any recommendation based
                             20 years, for their                                      on Report given by such
                             rehabilitation.                                          Officers,        should         be
                                                                                      immediately rectified within a
                                                                                      reasonable time specified
                                                                                      therein     and      till    such
                                                                                      rectification is done, no further
                                                                                      permission should be given to
                                                                                      the Developer. And in case of
                                                                                      default, Stop Work Notice
                                                                                      should be issued immediately.
                                                                                      Defect liability should be the
                                                                                      essence of permissions issued
                                                                                      for construction of the building
                                                                                      for rehabilitation of the slum
                                                                                      dwellers.
                                                                                c. Incase, of Rehab Building
                                                                                already completed, the same shall
                                                                                be audited by SRA and Developer
                                                                                be directed to take necessary steps/
                                                                                measures, as per such audit




                                                                                                                                                                                                                Page 467
                                                                                                                                                                                                                 203
Sr.   Specific Issue / Cause     of           the Relevant                     Proposed Measure / Solution            Whether      Proposed Proposal   for Reference     Views and Suggestions of the SRA
No.   problem identified problem                                    existin                                           Measure / Solution Legislative
                                                     g Statutory Section(s),                                          requires amendment Reforms
                                                     Regulation(s), Rule(s),                                          of law by Legislature
                                                     Circular(s),
                                                     Guideline(s) and / or
                                                     Judgment(s)
92.   Fire        Safety It is noticed that in                                 Fire Audit of Rehab Buildings to be                                         T-10        This issue has been addressed above.
      Measures.          many S.R. Schemes,                                    carried periodically by CFO and an
                         Fire                                                  independent agency, essentially to
                                                Sa                             evaluate following issues:-
                         fety                                                  a.    Installation      of      Fire
                         equipments            are                                   Equipments, that too in
                         installed for name                                          working condition;
                         sake       and        the                             b.    Fire Engine movement in the
                         Occupation                                                  Rehab Building, to ensure
                         Certificates          are                                   reach to fire affected site,
                         granted by SRA                                              incase of fire emergency,
                         without           actual                              Compulsory implementation of
                         verification of factual                               Mock       Drill/     Demonstration
                         position of Fire Safety                               Programs to ensure that occupants
                         measures. The issues                                  are well versed and aware to deal
                         like smooth and                                       with the Fire incidents in such
                         obstruction          free                             Buildings.
                         access      for     Fire
                         Engineer around
                         Building              are
                         compromised. Fire
                         NOC and OC are
                         issued          without
                         subjective
                         satisfaction.

                          It is also noticed that
                          in majority cases Fire
                          Extinguishers      and
                          Equipments though
                          installed, however,
                          remain       non     –
                          functional, thereby
                          compromising with
                          life and property of
                          the occupants therein.




                                                                                                                                                                                                        Page 468
                                                                                                                                                                                                        204
Sr.   Specific Issue / Cause     of           the Relevant                    Proposed Measure / Solution           Whether      Proposed Proposal   for Reference      Views and Suggestions of the SRA
No.   problem identified problem                                   existin                                          Measure / Solution Legislative
                                                    g Statutory Section(s),                                         requires amendment Reforms
                                                    Regulation(s), Rule(s),                                         of law by Legislature
                                                    Circular(s),
                                                    Guideline(s) and / or
                                                    Judgment(s)
93.   Compliances       of It is noticed that, in                             O.C. must not be granted to the                                            T-10        The issue regarding permissions to be
      Environment norms    nabt cases, despite                                Rehab / Sale building unless                                                           obtained is addressed above. The same is
                           compliances           of                           compliances of Environment /                                                           governed by the provisions of DCPR –
                           Environment norms                                  permission / norms and condition                                                       2034.
                           are         incomplete,                            of Permission are adhered by the
                           Occupation                                         Developer in all aspect. Any
                           Certificates         are                           concession to such condition gives
                           granted to the Rehab                               a license to the Developer to delay
                           Buildings, Right to                                gives unfettered authority to
                           Life, liberty, clean                               Developer to delay the compliance,
                           and              healthy                           This, violates the fundamental
                           environment            is                          rights of the rehabilitated Slum
                           absolutely ignored.                                Dwellers and flat purchasers.
94.   Corpus.              It is seen that the Clause No. 9                   Corpus Fund of Rs. 60,000/- per                                            T-10         This issue has been addressed in the
                           Corpus        of     Rs.           of Regulation   tenement for buildings upto 10                                                          Tables above.
                           40,000/-[as on date No. 33(10)                     floors should be deposited by the
                           provided]              is of DCPR, 2034.           Developer with SRA, which should
                           inadequate for taking                              be released in the account of the
                           care        of       the                           Society immediately upon O.C. of
                           maintenance of the                                 the building and for Buildings of
                           Rehab          Building.                           above ten floors corpus fund should
                           Moreover, Number of                                be Rs. 1,00,000/- per tenement.
                           Floors of the Rehab
                           Building should also
                           be          considered,
                           because, more the
                           height of the
                           Building, more is the
                           maintenance.
95.   High Rise Building. Maintenance of High                                 Permission for High Rise Buildings                                         T-10        This issue has been addressed in the
                           Rise Building is very                              should be avoided and instead of                                                       Tables above.
                           high, which is very                                one High Rise Building, multiple
                           difficult for poor slum                            small buildings may be constructed
                           dwellers.                                          on the Plot.




                                                                                                                                                                                                      Page 469
                                                                                                                                                                                                      205
Sr.   Specific Issue / Cause     of            the Relevant                     Proposed Measure / Solution            Whether      Proposed Proposal   for Reference     Views and Suggestions of the SRA
No.   problem identified problem                                     existin                                           Measure / Solution Legislative
                                                      g Statutory Section(s),                                          requires amendment Reforms
                                                      Regulation(s), Rule(s),                                          of law by Legislature
                                                      Circular(s),
                                                      Guideline(s) and / or
                                                      Judgment(s)
96.   R. G. / Open Space.   It is seen R.G. / Open                    In the present S.R. Scheme, R.G.                                                      T-10        This issue has been addressed in the
                            Space are provided                        has been shown at 02-03 Places in                                                                 Tables above.
                            more       in      Sale                   the plan submitted to Environment
                            Component.                                Department. However, in reality
                            Moreover, R.G. /                          R.G. has not been provided on the
                            Open Space provided                       site.
                            in Rehab Portion are                      Provision for R.G./ Open Space in
                            scattered,     thereby                    rehab and sale should be same as
                            defeating the very                        per minimum area prescribed in the
                            purpose.                                  DCPR and provision for such R.G/
                                                                      Open Space, should be made at one
                                                                      place for maximum utilisation
                                                                      rather than the same being scattered
                                                                      on plot.
97.   Fungible   FSI    / Benefit of Fungible Regulation No. 31(3) of If the developer is taking benefit of                                                 T-10        This issue has been addressed in the
      Compensatory FSI.   F.S.I [Compensatory DCPR, 2034.             fungible FSI, same should be                                                                      Tables above.
                          F.S.I]     [Regulation                      shared in equal proportion with
                          No. 31(3) of DCPR                           Rehab portion.
                          2034],
                          is taken for Sale
                          Component and the
                          benefit is not utilised
                          and shared with
                          Rehab Component.



98.   No     Parking    /   Though Regulation                                   In the present S.R. Scheme of the                                           T-10        This issue has been addressed in the
      adequate    Parking   provides for Parking,                               Society not even a provision of                                                         Tables above.
      provided in Rehab     however, the same is                                single 04 [wheeler] parking has
      Building.             not provided in Rehab                               been provided to 150+ Slum
                            Building, thereby,                                  Dwellers.
                            forcing the slum                                    Adequate number of parking
                            dwellers to park their                              should be made for the rehab
                            bike / car in access                                building of slum dwellers so that
                            road to the Building                                approach road to slum buildings are
                            and        ultimately                               not congested, as most of the slum
                            leading to congestion.                              dwellers park their bikes / car /
                            In case of any                                      rickshaw / taxis on access road, due
                            emergency,                                          to non-providing of designated
                            evacuation will be                                  parking space, which leads to
                            impossible.                                         congestion to rehab buildings.




                                                                                                                                                                                                      Page 470
                                                                                                                                                                                                      206
Sr.   Specific Issue / Cause     of              the Relevant                     Proposed Measure / Solution             Whether      Proposed Proposal   for Reference     Views and Suggestions of the SRA
No.   problem identified problem                                       existin                                            Measure / Solution Legislative
                                                        g Statutory Section(s),                                           requires amendment Reforms
                                                        Regulation(s), Rule(s),                                           of law by Legislature
                                                        Circular(s),
                                                        Guideline(s) and / or
                                                        Judgment(s)
99.   Lease / Conveyance.   It is seen that after the                             In the present S.R. Scheme,                                                  T-10        This issue has been addressed in the
                            Scheme is complete,                                   Conveyance / Lease Agreement has                                                         Tables above.
                            the Developer do not                                  not been executed / entered into
                            take        lease       /                             with the Society. The provision of
                            conveyance in favour                                  Deemed Conveyance in S.R.
                            of the Society.                                       Scheme must be introduced.
                                                                                  At the time demarcation of rehab
                                                                                  and sale portion, lease/ conveyance
                                                                                  should be executed in favour of
                                                                                  slum Society, and in any case,
                                                                                  before issuance of O.C. No O.C.
                                                                                  should be issued before execution
                                                                                  of lease in favour of slum society.
                                                                                  Incase, the Developer becomes
                                                                                  non-cooperative/           insolvent/
                                                                                  dissolved or for any other reason
                                                                                  unable to grant lease or
                                                                                  conveyance, then provisions for
                                                                                  deemed Conveyance/ Lease be
                                                                                  introduced.
100. Maintenance of lift, Due to lack of                                          a. Tripartite Agreement should                                               T-10        This issue has been addressed in the
     Fire Fighting System maintenance of Lift,                                          be executed between Society,                                                       Tables above.
     etc.                 Fire Fighting System                                          Developer and the Service
                          etc., the same are non-                                       Provider of Lift, Fire Fighting
                          operative.                                                    System etc., under the
                                                                                        supervision of SRA, so that
                                                                                        Lift, Fire Fighting System etc.
                                                                                        are operative.
                                                                                  b. Rain water harvesting, solar
                                                                                        panels for electrification of
                                                                                        common area lights should be
                                                                                        installed by the Developer.
                                                                                  c. It may be noted that, in the
                                                                                        present S.R. Scheme, no such
                                                                                        Tripartite Agreement has
                                                                                        been entered and executed
                                                                                        with the Society.




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                                                                                                                                                                                                         207


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